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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The following facts can be acknowledged in full view of the entries in Gap evidence Nos. 1, 4, and 5, and Eul evidence Nos. 1 and 1 (including the whole number; hereinafter the same shall apply) and the whole purport of the pleadings:
The plaintiff conducts the business of manufacturing, installing, and selling landscaping facilities, and the defendant conducts landscaping design, construction supervision, etc.
B. On the ground of 684-20, Nam-gu, Daegu-gu, Daegu-dong, the Defendant received a supply of the part of landscaping construction from the company promoting the construction of new apartment buildings (hereinafter “promotion company”) among the foregoing new construction construction works, and subcontracted to the Plaintiff on June 5, 2014 the part of the construction works for the above landscaping (hereinafter “instant construction works”) to the total construction cost of KRW 249,70,000, and the construction period from June 5, 2014 to July 31, 2014.
(hereinafter referred to as “instant subcontract”). (c)
The Plaintiff performed a part of the instant construction works under the instant subcontract, and accordingly, the total construction cost of the instant construction was increased to KRW 274,727,500.
Under the instant subcontract agreement, the Plaintiff completed construction works and additional construction works. The Defendant paid to the Plaintiff KRW 167,614,00 as the construction price, the sum of KRW 167,614,00,000, including KRW 60,000 on June 11, 2014, KRW 20,000 on July 21, 2014, ③ KRW 14,132,000 on July 29, 2014, ④ KRW 20,000 on September 5, 2014, ⑤ KRW 33,482,00 on September 22, 2014.
2. The Plaintiff completed the instant construction project; the total construction cost of the instant subcontract increased to KRW 274,727,500; and the fact that the Plaintiff received the total construction cost of KRW 167,614,00 from the Defendant as the construction cost is as seen earlier; barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 107,113,50 (= KRW 274,727,500 – KRW 167,614,00) and the delay damages therefrom.
3. The defendant's assertion.