1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion was that the Plaintiff entered into a construction contract with the Defendant that the Plaintiff would receive a contract for the construction of toilets in the underground floor owned by the Defendant for the construction cost of KRW 1,306,000, and the said construction was commenced, but the said construction cost was anticipated to be additionally incurred. As such, the Defendant demanded the discontinuance of the said construction and failed to complete the said construction.

Therefore, the Defendant is obligated to pay the Plaintiff the total amount of KRW 1,190,000 (=20,000 per day wage of KRW 200,000,00 per day and KRW 350,000 for the materials cost of the Plaintiff and the Plaintiff’s personnel cost of KRW 40,000 for the Plaintiff’s personnel cost of KRW 40,000. Of them, the Defendant paid only KRW 500,000 for the remainder of the construction cost. As such, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of KRW 619,00 (= KRW 1,90,000 - KRW 50,00) and damages for delay.

B. Around April 2016, the Plaintiff entered into a contract with the Defendant for construction works to be executed by being awarded a contract for construction works to install toilets on the basement level of the housing located in the Defendant’s C-owned land; the Defendant paid KRW 500,000 to the Plaintiff on April 20, 2016; the Plaintiff commenced the said construction works on May 19, 2016; however, the said construction works were not completed and the said construction was suspended only three days; however, there was no dispute between the parties, but in light of the degree and progress of the said construction works to be recognized by comprehensively taking into account the overall purport of the pleadings at the videos specified in subparagraphs B through 6, the fact of the said recognition alone is insufficient to acknowledge that the said construction works were executed to the extent that the construction costs exceeding KRW 500,000,00 which was paid as part of the construction costs under the said construction contract from the Defendant; and there was no evidence otherwise asserted by the Plaintiff.