1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The plaintiff is engaged in the business of manufacturing and selling machinery with the trade name of "B," and the defendant is a company that processes and sells goods, such as the Director-General, a guard, and a kitchen, etc., for agricultural products at the above address.

On April 24, 2014, the Plaintiff received a contract from the Defendant for the payment of the construction cost of KRW 650 million, and the construction period from April 24, 2014 to August 24, 2014, with the payment of the daily allowances for delay fixed at three-one thousands of the construction cost for delay compensation.

As the Plaintiff failed to complete the instant construction by the initial construction period, the Plaintiff agreed to extend the construction period by December 30, 2014.

Nevertheless, as the Plaintiff failed to complete the instant construction by the extended period, the Defendant urged the Plaintiff to complete the construction on August 2015, and instructed the Plaintiff to claim compensation for delay in the future, and the Plaintiff responded to complete the construction by August 31, 2015.

While the Plaintiff was still unable to complete the construction even until the aforementioned period, the Plaintiff and the Defendant entered into a contract with the Defendant to set up “D” in addition to the instant construction (hereinafter “instant additional construction”) around September 2015.

On May 10, 2016, the Plaintiff completed the main construction and additional construction works of this case.

[Ground of recognition] The plaintiff and the defendant asserted that Gap's evidence Nos. 1, 3, 4, and Eul evidence Nos. 2-1, 2-2, and the purport of the whole pleadings are the parties concerned, and the plaintiff and the defendant agreed on the additional construction work of this case at KRW 112,910,000 among them. Since the defendant paid only KRW 55,910,000 among them to the plaintiff, they should pay the remainder of the additional construction cost (= KRW 12,910,000 - KRW 55,00,000) and delay damages.

The plaintiff alleged by the defendant did not complete the construction of this case within the extended period, and there was a defect in the construction works already executed, and the plaintiff and the defendant did so.