1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

In full view of the purport of the argument as to the cause of the claim, the Plaintiff entered into a design contract (hereinafter “instant contract”) with the Defendant as to the construction of extending the Defendant’s factory size of 972 square meters on the land outside Gyeong-gun, Gyeongnam-gun, and one parcel of land (hereinafter “instant extension construction”) around November 2015, with a view to the overall purport of the pleading as to the judgment on the cause of claim Nos. 1 and 2. The Defendant entered into on March 8, 2016, stating that the design cost shall be KRW 8 million at the time of the contract, but the construction cost shall be KRW 1 million at the time of the building permit, KRW 5 million at the time of completion, and KRW 2 million at the time of completion of the construction (hereinafter “instant contract”). The Defendant completed the registration on March 21, 2016 with respect to the factory building constructed by the said construction project and completed the registration on the building ledger “A’s comprehensive design cost.”

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 7.8 million won for the remainder of the design price under the instant contract and damages for delay calculated at the rate of 6% per annum under the Commercial Act from March 9, 2016 to July 26, 2017, the delivery date of a copy of the instant complaint, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

The Defendant asserted the Defendant’s assertion that the instant extension works entered into a construction contract of KRW 638 million in construction cost, including the amount of KRW 12 million in design cost, with respect to the construction works of the instant extension works (hereinafter “heat comprehensive construction”). The contract entered into between the Plaintiff and the Defendant is merely a document prepared in the form in order to obtain the construction permit regarding the instant extension works.

The other party who actually entered into a design contract is E, and the down payment is one million won E.