2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

(a) Facts of recognition;

1) The following facts may be acknowledged either as a dispute between the parties, or as a whole as to the entries in Gap evidence 2.

A) On May 14, 2015, the Plaintiff: (a) on May 14, 2015, the construction period from May 15, 2015 to June 30, 2015; (b) the construction period from May 15, 2015 to June 30, 2015; (c) the down payment of KRW 918,500,000 (including value-added tax); (d) the intermediate payment shall be 30%; (d) the intermediate payment shall be 15 days after the opening of the model house; and (e) the remainder shall be paid within three months after the opening of the model house; and (e) the opening of the model house is not postponed or opened, the Plaintiff was awarded a contract by determining to pay in cash the total construction amount by September 30, 2015.

B) On September 4, 2015, with respect to the instant construction project, the Plaintiff: (a) from May 15, 2015 to September 30, 2015, the construction period of the construction period of the Defendant and the instant construction project; (b) the construction cost of KRW 1,188,00,000 (including value-added tax); (c) the down payment of KRW 275,50,000; (d) the intermediate payment of KRW 200,200,000; and (b) the remainder of KRW 712,250,000; and (c) the intermediate payment shall be paid within 15 days after the opening of the model house; and (d) the remainder shall be paid first of all after opening the model house; and even if the opening of the model house is not postponed or opened, the Plaintiff concluded a change in the contract in cash (including the remainder at least 30% at the time of recruitment; and (e) the remainder at least 50% at the time of the association members’s.

C) On September 19, 2015, the Plaintiff completed construction under the instant amendment agreement.

2) The Plaintiff has received down payment of KRW 275,550,000 from the Defendant among the construction price under the instant modified contract and the intermediate payment of KRW 200,200,000 from the Defendant.

B. Determination

The past fact on December 30, 2015, which is the due date for the payment of the remainder of the instant modified contract, is a dives and low-priced difference. According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of 712,250,000 won for the construction payment due under the instant modified contract and the damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act from December 31, 2015 to September 12, 2016, which is apparent in the record that it is the due date for the delivery of a copy of the instant complaint from December 31, 2015 to September 12, 2016.

2. Judgment on the defendant's defense

The defendant asserts that the model house constructed by the plaintiff in the alteration project of this case has many defects to the extent that it cannot function normally, construction was conducted differently from design drawings and estimates, and the plaintiff did not subscribe to employment insurance, etc. for the workers invested in the alteration project of this case, and therefore, the amount of damages suffered by the defendant should be deducted from the construction cost.

However, it is not sufficient to acknowledge the defendant's assertion only with the images of Eul evidence 1 and the descriptions of Eul evidence Nos. 2 through 4 (including the serial numbers), and there is no other evidence to acknowledge them. Accordingly, the defendant's defense is without merit.

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

Judges Gyeong-Gyeong-kon

Judges next to that of judges