1. Of the judgment of the court of first instance, KRW 1,180,487 against the Plaintiff and its related thereto, from July 17, 2015 to January 12, 2017.

1. Basic facts

A. On May 27, 2015, the Plaintiff entered into a construction contract between the Defendant and the Defendant with the content that: (a) the construction of the living room floor, the construction of the room, the installation of the room, and the exhausting, etc. under the old-si C Building 103, 708 (hereinafter “instant building”); and (b) the construction cost of KRW 3,400,000; and (c) the construction period of KRW 3,40,000 from June 2, 2015 to the fourth of the same month.

(hereinafter “instant construction contract”). B.

On May 27, 2015, the Defendant paid KRW 1,500,000 to the Plaintiff out of the construction cost.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The Plaintiff asserts that, as the construction work was completed by June 4, 2015 under the instant construction contract, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 1,90,000 and the delay damages from June 5, 2015, which is the day following the completion of the construction, to the day of full payment.

The defendant asserts that since construction work under the instant construction contract has not been completed, the plaintiff cannot claim the total amount of the unpaid construction cost.

In full view of the aforementioned evidence, evidence, and evidence No. 4, the Plaintiff’s construction work after the conclusion of the instant construction contract, and the delivery of the instant building to the Defendant, and the fact that the Defendant leased the instant building to a third party. Since the Defendant, after receiving the instant building, sought compensation for damages in lieu of defect repair by asserting the defect regarding the already constructed part, such as sunset color, etc. during the instant construction work, it is reasonable to deem that the construction work under the instant construction contract was completed.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 1,900,000 and damages for delay.

However, the Plaintiff completed the construction by June 4, 2015, and the instant building to the Defendant.