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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 6,893,670 as well as to the plaintiff on December 2012.
Reasons
The court's explanation of this case is citing the reasoning of the judgment of the court of first instance as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, because it is the same as the reasoning of the judgment of the court of first instance,
After the 3th judgment of the first instance court of the changed part, the phrase “as soon as possible” is added to the phrase “as soon as the value on the basis of the unit price per unit of temporary materials even in the delivery certificate submitted by the Defendant” (this evidence No. 31-5).
The 66,893,670 won (total 76,893,670 won - total 76,893,670 won - 10,000 won) in parallel 2 and 3 of the first instance judgment shall be changed to “67,247,70 won (total 77,247,700 won)”.
The following shall be added to the fourth decision of the first instance, the thirteenth decision:
Inasmuch as the Defendant’s defense was raised that the damages incurred to the Defendant due to the Plaintiff’s failure to supply the temporary materials in a timely manner due to the Plaintiff’s failure to rent or purchase the temporary materials at another place and using them, the damages amounting to KRW 14,077,00,00 were offset against the Plaintiff’s claims on an automatic claim for reimbursement of damages, etc., the Defendant’s defense is without merit, and there is no other evidence to acknowledge that the damages incurred to the Defendant due to the Plaintiff’s failure to supply the temporary materials that the Plaintiff should rent to the Defendant, and there is no reason to acknowledge that the damages incurred to the Defendant due to the Plaintiff’s failure to supply them. The Defendant’s defense is without merit. From July 26, 2011 to August 21, 2014, the judgment of this case that deemed reasonable for the Defendant to claim payment of KRW 67,247,770 and the amount of the above claims to the Plaintiff from July 26, 2011 to August 25, 2014.