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

Purport of claim and appeal

1...

A. On October 30, 2014, the Plaintiff contracted the construction of Kimcheon C Multi-Family Housing (hereinafter “instant building”) to the Defendant for KRW 344,30,000 (including value-added tax) (hereinafter “instant construction”).

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

Standard contract for private construction works (hereinafter referred to as “instant contract”).

1. Construction name: Kimcheon C Multi-household Housing Construction Corporation;

2. Period for construction: From October 30, 2014 to February 28, 2015;

3. Contract amount: 344,300,000 won (=value of value of 313,000,000 won of value-added tax of 31,300,000 won)

4. The plaintiff shall pay to the defendant 10% of the above contract amount, 10% of the above contract amount after the completion of the 2nd floor foundation works, 30% after the completion of the whole foundation works, 20% after the completion of 50% of internal foundation works, and 30% after completion of the foundation works, respectively.

B. The Defendant failed to complete the instant construction work by February 28, 2015, which was the deadline stipulated in the instant contract.

Meanwhile, from January 8, 2015 to May 8, 2015, the Plaintiff paid KRW 184,500,000 out of the construction price to the Defendant.

C. Around March 2016, the Plaintiff and the Defendant received a loan from the Defendant as collateral at the time of the completion of the instant building, and paid KRW 100,000,000, out of the construction price. ② The remainder of the construction price was determined as KRW 69,230,000 by the end of April 2016, and the Plaintiff paid KRW 30,000 to the Defendant each by the end of May 2016, and ③ the Defendant did not complete the instant construction by the end of April 2016, agreed to waive the remainder of the construction price (hereinafter “instant agreement”).

On March 2016, the Plaintiff paid KRW 100 million out of the construction price to the Defendant.

E. On April 2016, the Defendant completed all of the instant construction work.

F. On May 23, 2016, the Plaintiff sought the delivery of the instant building against the Defendant at the Daegu District Court Kimcheon Branch.