공사대금
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 Plaintiff entered into a contract with the Defendant for a “D” interior works located in Heung-gu Seoul Metropolitan Government C (hereinafter “instant construction works”), and performed the instant construction works from December 19, 2015 to January 11, 2016.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff concluded the instant construction contract with the Defendant at KRW 17,60,000 as to the instant construction work (i.e., KRW 15,00,000 for the construction work cost of KRW 2,000 for the signboard cost of KRW 2,00,000 for the construction work) and completed the instant construction work. However, the Defendant received only KRW 8,275,00 among the instant construction work cost, and did not receive the remainder of KRW 9,325,00 (= KRW 17,60,000 - KRW 8,275,000 for the construction cost of the instant case) from the Defendant, and thus, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of KRW 9,325,00 for the construction work cost of the instant case and damages for delay.
B) The repair cost of the instant construction works is KRW 528,00,000. (2) The Plaintiff did not complete the instant construction works, and the remainder of the construction cost of the instant construction works is merely KRW 8,300,000. (2) The Defendant paid KRW 4,200,000 to E after having E perform electrical construction for the non-construction and the repair of defects under the instant construction works, thereby incurring damages equivalent to the said amount. As such, the damages of KRW 4,20,000 should be deducted or offset from the balance of the construction cost of the instant case.
C) Although the Plaintiff agreed to complete the instant construction work with the Defendant until December 31, 2015, the Plaintiff delayed to do so. Accordingly, the Defendant incurred a business loss equivalent to KRW 919,202 due to the delay in opening the business of the said “D,” and thus, the amount of damages of KRW 919,202 should be deducted or offset from the balance of the construction payment. (B) The determination on the cause of the claim is first made as to whether the instant construction work was completed.