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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
Comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 5, 6, and 10, and witness C of the first instance trial, the plaintiff constructed a new building (hereinafter "new building of this case") on the third floor in accordance with the defendant's order among the new construction of the building (hereinafter "new construction of this case") on the ground that the defendant paid the building price for the building of this case to the defendant on December 24, 2015. The construction price for the building of this case was 5,310,00, and the price for the building of this case was 5,310,000, and the plaintiff notified the defendant on December 18, 2015 that the building price for the building of this case should be paid by December 24, 2015.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay from December 25, 2015, the day following the due date stipulated in the Peremptory Notice on December 18, 2015, as well as KRW 5,310,000 for the stone construction work in this case.
(1) The Plaintiff claimed damages for delay from November 1, 2013, when completing the instant stone construction, but the Defendant’s obligation to pay the instant stone construction cost to the Plaintiff is an obligation for which the due date is not specified, and there is no evidence to prove that the Plaintiff notified the Plaintiff of the performance thereof before December 18, 2015. The Plaintiff’s claim for damages for delay in this part is without merit. The Defendant’s claim as to the Defendant’s claim was based on the contract with the instant newly constructed construction work to C on August 2, 2013, but the instant stone construction work executed by the Plaintiff was entirely included in the content of the instant newly constructed construction, and the Defendant did not have any obligation to pay the instant stone construction cost to the Plaintiff.
In full view of the evidence No. 3, evidence No. 1 to No. 4, and evidence No. 1 to No. 4, and testimony of witness C of the first instance trial, the defendant shall pay the construction price of the new construction to C on August 2, 2013.