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. Basic facts

A. On March 13, 2017, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the purport that the Defendant will respectively pay the construction price (hereinafter “instant construction contract”) from March 13, 2017 to March 30, 2017, with the construction period, from March 13, 2017 to March 30, 201, the rate of compensation for delay shall be 0.30% of the construction cost per day of delay, and the Plaintiff shall pay the down payment of KRW 19 million at the construction cost, and the intermediate payment of KRW 10 million shall be paid on the date of the contract, the intermediate payment of KRW 6 million on March 20, 2017, and the remainder of KRW 3 million on March 30, 2017, respectively.

B. The Plaintiff paid the construction price under the instant construction contract at the agreed time of payment. From March 14, 2017, the Defendant continued to execute the said construction from March 14, 2017, and delivered the said new building to the Plaintiff after completing construction works on May 15, 2017. Approval for use was granted for the said new building on June 12, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The part of the new building constructed by the Defendant under the instant construction contract, which was partially built and defective for outside and roof finishing treatment, and the Plaintiff spent KRW 8 million as construction cost for the replacement of roof, waterproofing, and water replacement work. As such, the Defendant is liable to compensate for damages equivalent to the above eight million won incurred by the Plaintiff due to the non-construction parts of the said new building and defects. (ii) The Defendant was obligated to complete the construction work on March 30, 2017 in accordance with the instant construction contract, but was obligated to complete the said construction work on May 15, 2017. Accordingly, the Plaintiff incurred a business loss equivalent to KRW 5 million because the Plaintiff was unable to conduct its convenience store business during the said period. Accordingly, the Defendant’s delay of construction of the instant construction contract.