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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff, upon receiving a contract from the Defendant, was awarded a contract with the Defendant for the Food Collection Work (hereinafter “the instant Food Collection Work”) as KRW 19,50,000 (one hundred and sixty hundred and fifty thousand per square meters per square year calculated only food materials and personnel expenses) among the Gyeongdong-dong Housing Construction Work (hereinafter “the instant Construction Work”).
B. The Plaintiff completed the instant food construction, and received KRW 5 million as the construction price from the Defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendant is obligated to pay the unpaid construction cost of KRW 14.5 million (=19.5 million - 5 million) and its delay damages, unless there are special circumstances to the Plaintiff.
B. As to this, the Defendant: “The Plaintiff completed the instant food construction before July 15, 2017, and delayed the said construction; the Defendant, while failing to complete the indoor bed work without taking materials out, did not directly carry out the work by carrying out the indoor bed KRW 1,50,00,000, he carried out the dismantling work by bringing the seal out of KRW 3 million on the part of the Plaintiff, but did not contact, and the Defendant promised to pay KRW 1 million and carried out the materials out.” However, the Defendant asserted that “The Plaintiff is liable to compensate the said damages to the Defendant, and there is no evidence supporting the Defendant’s assertion.” However, there is no evidence supporting the Defendant’s assertion.
Therefore, the defendant's above assertion is without merit.
C. In addition, among the instant construction works, the Defendant awarded a contract to D for mold installation works, non-meter installation works, concrete building works, and steel processing assembly works, and D subcontracted all of the above construction works to the Plaintiff. While the Plaintiff delayed each of the above construction works, the Defendant paid a total of KRW 17,482,50, the labor cost and labor cost for each of the above construction works.