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. Facts of recognition;

A. The plaintiff is a company that runs the business of manufacturing and installing elevators, and the defendant is a company that runs the construction business.

B. On April 18, 2017, the Defendant concluded a contract with the Plaintiff under which the contract amount of KRW 98,340,00 (including value-added tax) for the installation of an elevator (hereinafter “instant construction”) among the military-type C new construction works, and KRW 29,502,00 for the completion date of the main equipment of an elevator shall be determined as July 15, 2017, respectively, and KRW 59,000 for the intermediate payment, KRW 59,000 for the intermediate payment, KRW 59,04,00 for the intermediate payment, when bringing the main material into the site, and KRW 9,834,00 for the completion payment at the time of issuance of the completion inspection certificate (hereinafter “instant contract”).

C. The Plaintiff completed the instant construction and passed an elevator completion inspection on August 28, 2017, and issued a completion inspection certificate to the Defendant on August 30, 2017.

The Defendant paid the Plaintiff the down payment of KRW 29,502,00 and the intermediate payment of KRW 59,004,00,000, but did not pay the full payment of KRW 9,834,00 up to now.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. Determination

A. According to the above findings of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 9,834,000 and the damages for delay thereof, unless there are special circumstances.

B. As to the Defendant’s assertion, the Defendant asserts that, although the Plaintiff completed the instant construction and issued the completion inspection certificate to the Defendant by July 15, 2017 under the instant contract, the Plaintiff issued the completion inspection certificate to the Defendant on August 30, 2017, the Defendant asserts that, pursuant to Article 12 of the instant contract, the compensation for delay damages for 4,326,960 won (=98,340,000 won x 0.1% x 44 days) for 44 days in delay should be deducted from the construction price balance.

In this case, Article 12(1) of the Agreement has not been completed by the due date ( July 15, 2017) under Article 1 due to a cause attributable to the plaintiff.