1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff for damages with Busan District Court 2017Da324475 (Seoul District Court 2018Na51683).

(hereinafter “instant prior suit”). B.

In the previous suit of this case, the Defendant asserted as follows.

"Around January 2016, the Defendant entered into a construction contract with his/her employees to carry out the said construction work (hereinafter "C Corporation") when the Defendant bears the cost of materials for the fire-fighting system installation of the main complex building located in Busan-gu, Busan-gu, from June 2016 to December 31, 2016. ② From June 2016 to June 5, 2016, the construction contract was entered into between the Plaintiff and his/her employees to carry out the said construction work (hereinafter "C Corporation"). ② From June 2016 to December 5, 2016, the Defendant paid the cost of materials for the fire-fighting system installation of the officetel located in Busan-gu, Busan-gu, the construction contract was entered into between the Plaintiff and his/her employees to carry out the said construction work (hereinafter "D Corporation"; hereinafter "C Corporation" and "D Corporation").

The Defendant paid all the construction cost of this case to the Plaintiff from June 20, 2016 to January 16, 2017. However, the Plaintiff failed to complete the instant construction work and discontinued construction work on November 24, 2016, and the amount of the base value at the time the construction work was discontinued (= KRW 115,000,000 x 75 per cent), merely is the Defendant’s damage 28,750,000 won due to the Defendant’s nonperformance of the instant construction contract (= KRW 115,00,000 - KRW 86,250,50,000) and delay damages therefrom.

In addition, due to the plaintiff's arbitrary suspension of the construction work of this case, the defendant paid 173,810,070 won exceeding 15 million won for the construction work of this case and completed the construction work of this case.