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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 9, 2011, the Plaintiff was awarded a contract for the construction cost of KRW 48,000,000 for the construction cost of the construction of the above-ground housing and KRW 50,000 for the construction cost of the construction of the F-ground Housing in Jeonsung-gun, Bosung-gun, Bosung-gun, and KRW 50,000 for the construction cost of the construction
B. On April 30, 201, the Plaintiff subcontracted the instant construction contract amount of KRW 15,000,000 to the Defendant for construction cost of KRW 38,000,000 among the above construction works (hereinafter “instant construction works”). On the same day, the Plaintiff paid KRW 15,00,000 to the Defendant.
C. Around June 14, 2011, the Defendant completed the instant construction.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 2, 5, and 6, the purport of the whole pleadings
2. The Plaintiff’s assertion that the instant construction was completed by May 15, 201; however, the Defendant agreed with the Plaintiff to repay a double of the down payment in the event of delay of construction work without justifiable grounds, but the instant construction was completed on or around June 14, 2011, and the Defendant is liable to pay the Plaintiff KRW 30,000,000, which is a double of the down payment, and damages for delay thereof.
3. According to the statements in Gap evidence Nos. 1, 2, 5, and 6, the defendant prepared a receipt from the plaintiff on April 30, 201 that the defendant received KRW 15,00,000 of the instant construction contract amount from the plaintiff on April 30, 201. The receipt states that "a person who unilaterally fails to perform construction works or who receives the down payment at the time of delayed performance of construction works without good cause shall pay the amount to the payer," and states that "15 days' period between "the time of delayed performance of construction works" and "the time of delayed performance of construction works" can be acknowledged as having been dispatched to the defendant on June 24, 201 as the defendant violated the penalty provision by imposing 15 days or more during the construction period.
However, the above evidence and B.