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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 October 15, 2010, the Plaintiff entered into a contract with the Defendant and Boan-si, setting the construction cost of KRW 480 million (a separate value-added tax and construction cost shall be paid according to the base value), January 20, 201, and January 20, 201, with a delay penalty rate of KRW 2/1,000 per day (2/1,000 per day).
B. From October 18, 2010 to August 5, 2011, the Plaintiff paid the Defendant KRW 290 million as the construction price.
(1) Upon the Defendant’s request, the Plaintiff asserted that: (a) the Plaintiff paid KRW 5 million on January 24, 201, KRW 500,000,000 on February 11, 201, KRW 3 million on March 3, 2011, and KRW 2 million on August 5, 201, as the construction cost of the instant construction project; (b) however, there is insufficient evidence to acknowledge that “the Defendant requested the Plaintiff to deposit part of the construction price into the E’s account, which is the wife of the site director D; and (c) there is no other evidence to acknowledge this, it is difficult to conclude that the Plaintiff paid to the E account as the construction price of the instant construction project).
In September 201, the Defendant suspended the instant construction work on the ground that the construction cost was not paid additionally due to the early laman’s early 201.
On September 15, 201 and September 25, 2011, the Plaintiff paid a total of KRW 40 million to the Defendant as the construction cost of the instant construction project. The Defendant resumed the instant construction project, but the instant construction was resumed on January 201.
E. After that, the Plaintiff and the Defendant agreed to modify the design by building the instant pen with two floors and changing a part of the parking lot into a lower parking lot. On October 23, 2011, the Plaintiff and the Defendant concluded a contract again by setting the deadline for completion as of December 31, 201, with the exception of the construction cost already paid by the Plaintiff to the Defendant (total of KRW 330 million), 180 million, and the remainder of the construction cost, excluding the construction cost already paid by the Plaintiff to the Defendant.