1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. In the absence of dispute between the parties to the instant case, or comprehensively taking account of the overall purport of the pleadings as to the entries in Gap evidence Nos. 1 and Eul evidence Nos. 1 and 2, the Plaintiff was awarded a contract with the Defendant for the interior decoration construction of the housing in Jeonnam-Gun C (hereinafter “instant construction”) as the construction cost of KRW 60 million on June 17, 2015. The Plaintiff completed the instant construction work on June 1, 2016. The Defendant paid the Plaintiff the construction cost of the instant construction cost of KRW 5 million on June 18, 2015, KRW 5 million on August 31, 2015, KRW 45 million on August 31, 2015, and KRW 5 million on December 28, 2015.

2. Determination on the cause of the claim

A. According to the above facts of recognition, the defendant is obligated to pay the unpaid construction cost of KRW 15 million ( KRW 60 million - KRW 45 million) and damages for delay, unless there are special circumstances to the plaintiff.

B. The defendant's assertion and judgment 1) The main point of the argument is that the construction cost related to the repair of defects in the construction of the construction of this case is KRW 13,115,902, and therefore, the damage claim in lieu of the repair of defects in the above amount is offset against the amount equal to the plaintiff's claim for the construction payment of this case by the automatic claim. 2) In light of no dispute between the parties to the judgment, or the whole purport of the argument as a result of the appraisal entrustment with D by the court of first instance, it can be acknowledged that the cost of defect repair incurred in the construction of this case is required in KRW 13,115,902.

Upon the delivery of the written reply from July 9, 2019, the Defendant expressed to the Plaintiff that the Plaintiff offsets the Plaintiff’s claim for the instant construction cost against the Defendant and the Defendant’s damage claim in lieu of the defect repair against the Plaintiff. The fact that the duplicate of the written reply was served on the Plaintiff on July 11, 2019 is apparent in the record.

The deadline for the performance of the construction work is the time the construction work is completed and the defect repair is substituted.