2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The plaintiff is a person who runs a construction business under the trade name of C, and the defendant is a person who runs a construction business under the trade name of D.

B. On October 1, 2011, the Plaintiff entered into a construction subcontract with the contractor and the Defendant as the contractor, with respect to multi-household housing F buildings C, and Ddong Sanitary Facility Works with the total construction cost of KRW 70,400,000 (hereinafter “instant construction contract”).

C. The Plaintiff completed the instant construction, and received a total of KRW 48,400,000 from the Defendant for construction price.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 22,00,000 (i.e., KRW 70,400,000 - KRW 48,400,00) and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 23, 2013 to the date of full payment, as sought by the Plaintiff.

B. The judgment of the defendant's assertion (1) is not sufficient to recognize that the plaintiff delayed the construction work and the defective construction work was not carried out by the plaintiff in line with the construction schedule of the contract of this case, and there was a defect due to the plaintiff's failure to perform the construction work, and that the defendant did not have a duty to pay the construction cost to the plaintiff since the defendant entrusted another company with the remaining construction work and the defective parts repair work. However, there is no other evidence to acknowledge that the plaintiff delayed the construction work and the defective construction work was not carried out.

Therefore, the defendant's assertion is not accepted.

3. According to the conclusion, the plaintiff's claim should be accepted for the reasons, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is justified.