The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

The lower court recognized that the Plaintiff’s performance of metal construction works under a subcontract from the Defendant for the remodeling of the C University Nursing Department and the suspension of such construction works, and that the construction cost paid by the Defendant to the Plaintiff was KRW 20 million, on the ground that the period of the discontinuance of the said construction works was 40 million. The lower court determined that the Defendant’s payment of the construction cost that the Plaintiff had to pay to the Plaintiff in connection with the said subcontracted construction was KRW 24 million (=4 million - 20 million).

Examining the record in light of the relevant legal principles, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on partial comprehensive representation of the head of a construction company

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.