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 January 14, 2013, the Defendant is a construction company that has contracted the construction of building A located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”) to extend the building from the fourth to the eightth floor.

B. On February 4, 2013, the Defendant: (a) between the Plaintiff and the Plaintiff on February 4, 2013; and (b) from March 11, 2013, the construction cost of the construction work of which is KRW 64,00,000 (excluding value-added tax) and the construction period of which is 64,00,000;

4. As of November, 197, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Plaintiff.

The Defendant immediately paid KRW 6,400,000 out of the instant construction cost as advance payment, and paid KRW 20% within 15 days after the commencement of construction, 20% after the completion of construction, and the remainder by August 30, 2013.

C. The Plaintiff completed the instant construction within the fixed period.

The Defendant’s payment for the instant construction work to the Plaintiff, KRW 6,400,000 on February 25, 2013, and the same year

3.13.12,800,000 won, and the same year.

4.2.12,800,000 won was remitted to all 32,00,000 won.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 6, Eul evidence 7, the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 38,400,000 which was unpaid out of the construction price of the instant case (i.e., value-added 6,400,000 won for the construction price of KRW 64,000,000 for the construction price of KRW 32,00,000 which was already paid) and damages for delay.

B. (1) According to the Defendant’s assertion that part of the construction work was not performed (A) according to the instant subcontract agreement, the Plaintiff asserts that the Plaintiff is not the Defendant’s assertion, including the following: ① installed two beams on the columns of the fourth floor of the instant building and reinforced by the method of steel-framed reinforced concrete (SCRC); ② installed two columns on the side of the non-permanent stairs newly installed and reinforced by the method of steel-framed-framed reinforced concrete.