The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Defendants, as married couple, decided to newly construct a building (hereinafter “instant building”) with a building permit granted in the name of Defendant C on the ground of Hongcheon-gun, Hongcheon-gun, 660 square meters owned by Defendant B (hereinafter “instant building”).

B. On May 2018, the Plaintiff concluded a construction contract with the Defendants by setting the construction cost of KRW 65,00,000 and the construction period until August 2018 with respect to the structural frame of the instant building.

C. The Defendants paid the Plaintiff KRW 50,000,000 from the Defendant’s account on May 16, 2018 to the Plaintiff, respectively, and KRW 5,00,000 from the Defendant’s account on July 13, 2018.

The Plaintiff was under the direction of the Defendants pursuant to the above construction contract, and was in receipt of the specifications of transaction and the written confirmation of work, and suspended construction around July 2018.

E. On August 17, 2018, Defendant C notified the Plaintiff of the termination of the construction contract on the instant building, and the said termination notice reached the Plaintiff on August 20, 201.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2-3, Gap evidence 31-1, Eul evidence 1-6, Eul evidence 9-1, 2-2, Eul evidence 1-1, 2-2, Eul evidence 21-2, and Eul evidence 22 and 23, the purport of the whole pleadings, and the purport of the whole pleadings

2. On May 17, 2018, the Plaintiff asserted that: (a) concluded a construction contract on the instant building with the Defendants for construction cost of KRW 178,00,000; and (b) concluded a construction contract on the instant building; and (c) incurred septic tanks, pipes, and reinforcement stone storage works in addition to the structural works; and (d) suspended construction works around July 2018.

As of July 28, 2018, the Plaintiff completed the construction work equivalent to KRW 133,98,084 (including KRW 171,788,00,000 for total construction expenses and KRW 126,004,675 for basic expenses) and paid KRW 55,00,000 for the Defendants. Thus, the Defendants are jointly and severally obligated to pay the remainder of the construction cost to the Plaintiff (=13,98,084), and delay damages therefrom.

3. Determination

A. Whether the Plaintiff entered into an additional construction contract is the construction cost as to the instant building with the Defendants.