1. The defendant's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

The reasoning of the judgment of the first instance is as follows, except for the addition of the following "2. Additional Judgment" as to the assertion that the defendant emphasizes or adds to this court, and thus, the same shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The summary of the Defendant’s argument that the instant construction contract was concluded and the settlement was completed, and even if liability for damages was recognized to the Defendant, the Defendant shall not be liable for the delayed payment or more, and the Defendant shall incur a considerable amount of 32,303,340 won in the process of performing the instant construction contract, and thus, the amount corresponding to that portion shall be deducted.

Judgment

According to the purport of Gap evidence No. 4 (including the provisional number) and the whole pleadings, it is recognized that the instant construction contract was terminated on or around April 2017 due to the defendant's non-performance of the remaining construction works, and no other evidence exists to recognize that the instant construction contract was terminated and its settlement has been completed due to the termination of the contract, and this part of the defendant's assertion is rejected

Compensation for delay is merely an estimate of compensation for delay in preparation for a delay in completion of a contracted work. As in this case, the defendant's failure to perform the remaining construction works and is not applied when the contract is terminated without completion of the work. Thus, this part of the defendant's assertion on a different premise is rejected.

The assertion on the completion of work in the contract for work and the burden of proof is against the contractor seeking the payment of the remuneration for the result of work, and even in case of seeking the payment of the construction cost due to the interruption of the construction work, the assertion on the performance of the service, which is the basis of the calculation of the completed work, and the burden of proof is also against

In light of the above legal principles, the defendant's descriptions or images of the evidence Nos. 2 and 3 (including the above number) are written in the trial.