손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The defendant's main grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance. However, even if the evidence submitted in the court of first instance is added to the evidence submitted in this court (each of the evidence No. 13 and No. 15), the court of first instance and the judgment are justifiable.
Therefore, the reasoning for this court’s explanation is as follows, except for the case’s assertion added or emphasized by the defendant in this court, and as to the supplementary judgment, it is identical to the ground for the judgment of the court of first instance. Thus, it is acceptable to accept it as it is in accordance with the main sentence of
2. Supplementary judgment
A. Even if the Plaintiff asserted that the design drawing was prepared by the Defendant in accordance with the contract with the Defendant, the above design drawing is not only an interest to the Defendant, but also an excessive calculation of the remuneration amount of KRW 8,500,000.
In addition, the design drawings provided by the plaintiff to the defendant have significant defects, and the defendant additionally spent KRW 10,000,000 to correct and change such defects, which constitutes the damage suffered by the defendant due to the plaintiff.
Therefore, if the defendant offsets the claim for damages of the above KRW 10,000,000 against the plaintiff as the automatic claim, there is no further claim for remuneration remaining after offsetting the plaintiff's above claim.
B. Where one of the parties has cancelled a contract on the grounds of the other party's default on the construction contract with respect to the occurrence of a claim for one remuneration and the calculation of the amount of remuneration, if the construction has not been completed, the construction has been considerably advanced and its restitution has resulted in significant social and economic losses, and the completed portion is a benefit to the contractor, the contract shall only be invalidated and the contractor shall deliver the building to the contractor, as it is in the condition of cancellation.