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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 21, 2011, the Plaintiff received a contract from the Defendant for the construction of the three-story detached houses on the ground C of Changwon-si, Changwon-si (hereinafter “instant construction”) for the construction cost of KRW 120 million [the building area of KRW 132.96 square meters (40.12 square meters) x KRW 3 million per square year] and the construction period of KRW 3 million from September 21, 201 to August 21, 201.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, and the purport of whole pleadings
2. 17 million won for additional construction works;
A. The Plaintiff asserted that the Plaintiff is liable to pay the Plaintiff the remainder of the construction cost of KRW 17 million and damages for delay after the delivery of the copy of the complaint of this case, as the Defendant agreed to pay the additional construction cost of KRW 19 million on October 10, 2012.
B. Therefore, according to the overall purport of the statements and arguments in evidence Nos. 1, 6-2 of evidence Nos. 4-1, 6-1, 3, and 8-2 of evidence Nos. 4-2, in the case where the Defendant filed a claim against the Plaintiff for the payment of the loan amounting to KRW 20 million on January 16, 2012 and its delay damages, the Defendant’s claim for the additional construction cost claim amounting to KRW 17 million was set-off with the automatic claim, but the above court rejected the above set-off claim on May 9, 2013 on the ground that there is no evidence to acknowledge the occurrence of the above additional construction cost claim amounting to KRW 17 million, and it can be recognized that the above judgment became final and conclusive on May 30, 2013.
Article 216 (2) of the Civil Procedure Act recognizes res judicata in the judgment of the court as to the claim for set-off even though the judgment is based on the reasoning of the judgment, and the part of the claim for damages for delay after the time of closing argument in the final and conclusive judgment as to the claim for principal claim is a preliminary question and logical.