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

Purport of claim and appeal

1...

A. The Plaintiff is a corporation whose purpose is to wholesale and retail business of heating and cooling equipment, equipment construction business, etc., and the Defendant is a person who runs the tegrative construction business, etc. under the trade name of “B”

B. On November 12, 2013, the Plaintiff and the Defendant entered into a contract with the Dsanbu, which provides that “The Plaintiff shall install a system control system and electric exchange system with Dsanbu, which is located in Dsanbu C, and the Defendant shall, in return, pay the contract deposit of KRW 1,584 million, the intermediate payment of KRW 1,5844,00,000 before entering the product, the intermediate payment of KRW 1,584,000 before entering the product, the intermediate payment of KRW 1,584,00,000 before entering the product, and the remainder of KRW 52,80,000,000 within five days after the trial run (hereinafter “instant contract”).

C. The Plaintiff completed the installation of air conditioners and electric heat exchangeers to the system around April 2014 under the instant contract.

The defendant paid 47520,000 won to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, 7, 8 (each number omitted) or video, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff completed the installation of a system and a heat exchange system in accordance with the instant contract, and completed a trial run on February 19, 2014 for the third floor, and on April 19, 2014 for the fourth floor. The Defendant is obligated to pay the remainder of 5.28 million won and damages for delay as stipulated in the instant contract. 2) The Defendant’s assertion is a subcontract for air conditioners and ventilation facilities, part of the interior construction.

The remaining payment date of the instant contract was determined as “within five days after the trial run,” and the completion of the trial run means “the normal operation without the occurrence of leakage, etc. as a result of the completion of the construction work,” and such completion of the trial run is the fulfillment of the payment terms for the balance that the Defendant must check and check.

However, the plaintiff completed the construction work.