Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

A. On June 24, 2018, the Plaintiff concluded a construction contract (hereinafter referred to as the “instant construction contract”) with the content that the construction work for the new construction of the instant electric source house in Chungcheong-gun C (hereinafter referred to as “instant electric source house”) was awarded from the Defendant during the construction period from June 27, 2018 to August 15, 2018, with the construction cost of KRW 62,00,000 (20,000 on the date of the conclusion of the contract, KRW 20,000,000, and KRW 20,000 within 15 days after the completion of the panel, and each payment of KRW 20,00,000,000 after the completion of the contract).

B. The Defendant deposited KRW 20 million in advance to the Plaintiff on the date of conclusion of the instant construction contract.

C. The Plaintiff partially executed the instant entire house, but suspended the construction due to the dispute with the Defendant, and the Defendant continued the instant construction through Nonparty D.

After that, the Plaintiff returned to the construction site and carried out part of the construction work. On October 29, 2018, the Plaintiff sent a written estimate to the Defendant that calculated the additional construction cost for completion of construction at KRW 15,975,000.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 12, Eul evidence No. 3 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff (the gist of the grounds of appeal) violated the instant construction contract, such as completing the construction work of the instant electric power resource via D despite the conclusion of the instant construction contract with the Plaintiff, and depositing the construction cost to Nonparty E, who was his wife.

Therefore, the Defendant is obligated to pay to the Plaintiff the minimum amount of damages, among the damages incurred by the Plaintiff due to the Defendant’s violation of the instant construction contract, KRW 10,318,240 [=The amount of food and guard cards used to purchase sewage of KRW 3,543,240 and the amount of KRW 1,275,00,00, and the amount of direct labor cost, such as the drain pipe and the amount of KRW 4,650,000, and the amount of direct labor cost, KRW 850,000,000, as the Plaintiff seeks.]

B. The Defendant’s unilaterally discontinued the construction work of this case through D.