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. The plaintiff filed a claim for damages equivalent to 12,978,900 won additional construction cost on the ground of the defendant's non-performance of obligation under the construction contract, and damages compensation amounting to 3,740,000 won. The first instance court accepted the plaintiff's claim for damages compensation and dismissed the claim for damages equivalent to the additional construction cost.

Since only the defendant appealed, the object of this court's adjudication is limited to the plaintiff's claim for liquidated damages.

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff ordered the Defendant to undertake remodeling construction work at KRW 110,00,00 for 110,000 for 110,000,000 (hereinafter “instant apartment”) in Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter “instant apartment”). However, the Plaintiff did not complete the construction work until the completion date of the completion plan and the Plaintiff

Therefore, the defendant should pay 3,740,000 won and damages for delay, which the plaintiff seeks, to the plaintiff.

B. The Defendant’s assertion (1) is not the contractor who received remodeling construction from the Plaintiff, but only provided consultation on remodeling construction work to the Plaintiff, and the Plaintiff paid construction cost directly to the construction business operator.

(2) Since the amount and content of the additional construction claimed by the Plaintiff cannot be objectively confirmed, the number of days of the penalty for delay cannot be specified.

3. Determination

A. In full view of the following facts: (a) whether the Defendant is a contractor; (b) evidence Nos. 1-1; (c) evidence Nos. 1-1 through 6; and (d) evidence Nos. 2 through Nos. 6; and (c) the testimony of the first instance trial witness D, the Plaintiff entered into a remodeling contract for the instant apartment with the DNA Design Co., Ltd. with the Plaintiff at KRW 130,000 on May 9, 2012; (c) however, the Defendant submitted to E, the Plaintiff’s husband, a statement of construction cost to be KRW 106,350,000 for the remodeling construction cost of the instant apartment; and (d) the construction period from October 8, 2012 to November 20, 2012;