1. The part of the judgment of the court of first instance against the plaintiff, which orders payment, shall be revoked.

The defendant.

Basic Facts

The reasoning for this part is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the first instance judgment’s “24,400,000 won” which is written under Section 7’s “24,200,000” is written under Section 2 of the first instance judgment, and thus, this part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The plaintiff, as well as the construction according to each of the contracts of this case, completed additional construction work equivalent to KRW 30,918,158 (including value added tax) in the attached Form at the request of the defendant as well as the construction work of this case.

The Defendant is obligated to pay to the Plaintiff the remainder of KRW 167,18,158, except for the amount already paid to the Plaintiff KRW 237,80,00 (including KRW 242,00,000,000, KRW 30,918,158 - 237,80,000,000, and value added tax) and the amount of delay damages.

As the Plaintiff did not complete the construction work under each of the instant contracts at the time, compensation for delay occurred. The Plaintiff cannot claim the remainder before paying compensation for delay to the Defendant pursuant to Article 5(2) of the General Agreement.

Since the terms and conditions of each contract of this case stipulate that “the additional amount should not be recognized,” the Plaintiff cannot claim the additional construction cost.

Even if the construction cost payable by the Defendant remains, there is no construction cost to be paid to the Plaintiff when deducting or offsetting the delayed compensation and defective repair cost.

The construction work shall be deemed to have been completed if the construction work under each of the contracts of this case as to the cause of the claim for the construction work under each of the contracts of this case was interrupted during the course of the construction work, and the construction work has not completed the last process scheduled. However, the construction work shall be deemed to have completed the construction work as the last process scheduled, the construction work shall be completed as agreed and its main structural part has been completed, and it shall be completed in light of the social norms, but it shall be interpreted that the construction work is completed but it is only a defect in the object.