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

Purport of claim and appeal

The first instance court.

A. On July 21, 2016, the Plaintiff entered into a contract with the Defendant and Suwon-si, under which the PC interior interior works located in Suwon-si B (hereinafter “instant construction works”) will receive a contract for KRW 113,402,200, and the construction period from July 21, 2016 to August 23, 2016 (hereinafter “instant construction contract”).

B. On August 25, 2015, the Defendant notified the Plaintiff that the instant construction contract was rescinded pursuant to Article 11(1)3 of the instant construction contract.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4 and 8, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion that the construction of the instant case completed all by issuing the PC fire-fighting completion certificate, and the part asserted by the Defendant that the Defendant was unable to complete is the part that was not established by the Defendant’s refusal, or that would only be terminated without almost time due to the insignificant part.

Although the Plaintiff completed all of the instant construction work, the Defendant did not pay KRW 12,087,30 out of the construction cost of the instant case (=123,714,30 won plus KRW 113,402,00 in the construction cost of the instant construction project) - KRW 101,227,00 in the amount already paid - KRW 101,227,00 in the interest and air-conditioned amount of KRW 10,40,000 in the amount to be deducted).

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 12,087,330 and the delay damages.

B. According to the overall purport of each of the statements and arguments in Gap evidence 7-1 and Eul evidence 7-2, the defendant can recognize the fact that on August 23, 2016, the defendant was issued a certificate of complete construction of fire safety facilities, etc. by the head of the Suwon Fire Station with respect to the above PC room.

However, the following circumstances, which can be seen by comprehensively taking account of the aforementioned evidence and the respective descriptions of evidence Nos. 2, 3, 5, 7, 9, and 13 and the overall purport of video and oral pleadings, are as follows: ① Meishing, water pipe and glass hold construction among the instant construction, and Mashing construction, such as strawing, water pipe and glass hold, and galbridge color.