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. Basic facts

A. On February 27, 2013, the Plaintiff: (a) concluded a contract with the Defendant for steel framed, panel, or Changho Construction Work (hereinafter “instant Construction Work”) among the new construction works of the Daegu-gun Ground C Factory (hereinafter “instant factory”); and (b) from March 4, 2013 to June 4, 2013 during the construction period, for the construction cost of KRW 175 million; and (c) the period from March 4, 2013 to June 4, 2013.

(hereinafter “instant contract”). (b)

At the time of the instant contract, the Plaintiff and the Defendant drafted a written contract in which the Defendant borrowed the name of the Defendant as the contractor.

C. The Defendant continued the instant construction by May 27, 2013, and the Plaintiff obtained approval for the use of the instant factory from the head of the Gun to be achieved on July 3, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8, 9, 18, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. With respect to the instant construction project, the Defendant is obligated to pay the Plaintiff damages incurred due to the Defendant’s failure to perform construction, erroneous construction, or delay damages incurred due to the delay of construction and the delay damages incurred therefrom as follows.

In addition, in the first instance court, the Plaintiff claimed KRW 5 million for the installment savings paid to D, KRW 757,350 for the establishment of a right to collateral security, but the court of first instance dismissed this part of the Plaintiff’s claim, and the Plaintiff did not file an appeal, and thus, it does not decide otherwise.

1) Although the Defendant did not install only 12 windows, and did not install 17 windows, and the Defendant installed a 17 window glass in 24m size, the 12m size of the 24m size. However, the Defendant installed the 12m size of the 12m size. The 3,949,000 won for the replacement into the 24m size of the 24m size (3,550,000 won for the delayed delay due to the Defendant’s unilateral discontinuance of construction) 4,50,000 won for the delayed delay of the 24m size) the Defendant did not install the PC superior, and did not dispose of waste, and the Plaintiff’s PVC superior installation cost 24,200 won for the Plaintiff’s waste disposal cost and 1.5 million won for the disposal of waste.