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 September 30, 2014, the Plaintiff received a contract for the Changcheon-gun D Building Construction Work (hereinafter “instant Construction Work”) from the Jincheon-gun D Co., Ltd. (hereinafter “C”) for KRW 86,790,000, and the Defendant, the representative director of C, guaranteed the payment of the construction price obligation of C on the same day.

B. The Plaintiff completed the instant construction work on October 15, 2014, and the Defendant paid KRW 67,000,000 to the Plaintiff up to May 20, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 7, the purport of the whole pleadings

2. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 19,790,000 (i.e., KRW 86,790,000 - KRW 67,00,000) and the damages for delay calculated at each rate of 15% per annum as prescribed by the Civil Act from May 21, 2015 to August 5, 2016, which is obviously a date when the instant complaint was served to the Defendant after the completion date of construction, as sought by the Plaintiff.

3. Judgment on the defendant's assertion

A. The gist of the Defendant’s assertion lies in the occurrence of leakages, etc. due to the Plaintiff’s failure to complete the completion of the construction work for the construction work of this case, and the cost of construction of KRW 12,045,00 for the failure to execute the construction work and the repair of defects. As such, C has a damage claim equivalent to the above amount against the Plaintiff.

The defendant, as the representative director of C, shall set off against the damage claim equivalent to KRW 10,00,000 among them within the extent of equal amount with the plaintiff's claim for construction price.

B. According to the statement in Eul evidence No. 7, the "this contract" at the time when the plaintiff was awarded a contract for the instant construction work by Eul is ordinarily necessary for the execution of the construction work as a creative construction work, which is not specified in the drawings and specifications.