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. Judgment on the plaintiff's claim

A. According to the purport of Gap evidence Nos. 2 through 8 and the entire pleadings, the plaintiff and the defendant concluded a subcontract agreement with the plaintiff on November 19, 2018 for construction works to provide the plaintiff with the cost of construction 1,133,000,000 won (including value-added tax) among the construction works for the construction of Pyeongtaek-si Cement in a complex. The plaintiff completed the subcontracted construction, and the defendant paid the plaintiff KRW 636,50,000 to the cost of construction.

According to the above, the defendant sought 496,450,000 won (1,133,000,000,000 won - 636,50,000 won) or only 496,430,000 won for the plaintiff's 496,430,000 won for the plaintiff's 496,430,000 won.

On the other hand, there is a duty to pay damages for delay calculated at the rate of 12% per annum from February 29, 2020 to the day of full payment, which is the day following the delivery date of the copy of the complaint of this case.

B. As to this, the Defendant asserts that the construction cost has been reduced to KRW 152,655,49 in the process of construction, and that the repair of defects has occurred due to the Plaintiff’s defects in the construction work, and thus, the said reduced construction cost and the repair of defects should be deducted from the unpaid construction cost.

However, the above construction cost has been reduced only on the sole basis of the statements in Nos. 1 and 2.

It is insufficient to recognize that construction works have been conducted at the defendant's expense due to defects in construction works executed by the plaintiff, and there is no other evidence to acknowledge them.

The defendant's above assertion is without merit.

2. In conclusion, the plaintiff's claim of this case should be quoted on the ground of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed on the ground that it is without merit.