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. Facts of recognition;

A. On December 201, the Plaintiff entered into a construction contract with the Defendant to construct a multi-family house located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, with respect to the construction site of a multi-family house built by the Defendant, with a price of KRW 28.7 million (hereinafter “instant construction contract”).

B. From December 5, 2011, the Plaintiff started construction of stone at the aforementioned construction site and completed construction on February 21, 2012. On February 16, 2012, when the construction is underway, the Plaintiff and the Defendant drafted a construction contract related to the instant construction contract (Evidence A 1).

C. The Defendant paid to the Plaintiff KRW 15 million on December 8, 201 as construction price under the instant construction contract, and KRW 4 million on June 7, 2012.

[Ground of recognition] The facts without dispute, Gap evidence No. 1 (the defendant alleged to the effect that the plaintiff has forged the above construction contract, but there is no evidence to acknowledge it), Gap evidence Nos. 2 through 6, Eul evidence Nos. 3 and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of the instant construction contract (=28.7 million won - KRW 15 million - KRW 4 million) and as sought by the Plaintiff, the Plaintiff is obligated to pay the Plaintiff damages for delay at a rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 8, 2015 to the date of delivery of a copy of the instant complaint, as the Plaintiff seeks.

B. As to the Defendant’s assertion, the Defendant asserts that the construction cost of the instant construction contract is KRW 4 million (=23 million - KRW 19 million), or that the construction cost was extinguished due to the Defendant’s additional payment of KRW 5 million, in addition to KRW 19 million already paid.

However, the construction cost under the instant construction contract is only KRW 23 million, and thus, the defendant is not paid.