The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The judgment of the court of first instance No. 1 is justified.

1. The following facts do not conflict between the parties, or are acknowledged in full view of Gap evidence No. 1, Eul evidence No. 2, Eul evidence No. 1-9, Eul evidence No. 1-1, and Eul evidence No. 1-9, and the whole purport of this court's appraisal commission to appraiser D, and there is no counter-proof.

A. On April 9, 2016, the Plaintiff entered into a contract with the Defendant for the construction of soil and sand reclamation and reinforcement soil on the instant forest (hereinafter “instant construction”) with the co-owner of the Jung-gu Incheon Forest (hereinafter “the instant forest”). The Plaintiff entered into a contract for construction work set forth in KRW 155,000,000 ( separate value-added tax).

B. During the construction of the instant construction project, the Plaintiff suspended the construction work without completing the construction work.

(c)

Appraiser D (hereinafter referred to as the “appraisal”) appraised that the construction of the instant construction was completed by the Plaintiff as KRW 61,113,873 of the reinforced retaining wall construction (the base rate of 58.13%), KRW 41,554,085 (the base rate of 83.33%) and the aggregate of KRW 102,667,958.

(d)

The Defendant paid KRW 70,000,000 to the Plaintiff out of the construction cost of the instant construction work.

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff is obligated to pay the Plaintiff the construction cost of KRW 102,67,958 and the additional value-added tax of KRW 10,26,795 and KRW 112,934,753, and the Defendant paid KRW 70,000 among them. As the Defendant paid KRW 42,934,753 ( KRW 112,934,753 - KRW 70,00,000) and the delayed damages therefrom, the Defendant is obligated to pay the Plaintiff the delayed damages.

2) The appraiser of the defendant's assertion Ga does not reflect the foundation, math block, gravel back vegetable construction accompanying the reinforced earth retaining wall, and calculated simply at the ratio of the size of the reinforced earth retaining wall construction, there is no material about the total vegetable construction and the specific numerical value of the actual vegetable construction volume, and construction cost for the existing and non-public portions.