1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Determination as to the cause of claim

A. The Plaintiff and the Defendant are both companies running the construction business. (2) The Defendant was awarded a contract from the Armed Forces Finance Management Body to KRW 2,840,522,790 (including additional taxes) for the 301 Air Units and the new construction work.

3) Around February 2014, the Plaintiff was subcontracted to the Defendant for the 301 Aircraft Maintenance Work and the 301 Aircraft Maintenance Work, and completed the construction work on a total of KRW 910,80,000 (=the first additional construction contract amount of KRW 781,00,000 for the first additional construction contract amount of KRW 73,700,000 for the first additional construction contract amount of KRW 56,100 for the first construction contract amount). (4) The Defendant paid KRW 896,50,000 for the said construction contract amount of KRW 14,30,000 (=910,800,000 for the said construction contract amount of KRW 896,500,000 for the Defendant and KRW 14,300,000 for the said construction contract amount of KRW 896,50,000).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 6 through 10 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 4 and 5, and the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the balance of construction cost of KRW 14,300,000 and damages for delay at the rate of 15% per annum from October 28, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint in this case.

2. As to the Defendant’s primary assertion, the Defendant entered into an additional construction contract with the Plaintiff including the roof lecture construction work, and the Plaintiff’s failure to perform the part of the construction work, which inevitably incurred losses incurred in addition to KRW 57,860,00,00, which was inevitably subcontracted the construction work to the same-sex Tech Co., Ltd., and thus, the Defendant claimed that the damages claim against the Plaintiff was set off to the extent equal to the amount of the unpaid construction payment claim.

The defendant asserts that he has any claim against the plaintiff, and that he offsets his claim against his claim against the defendant.