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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport:
Reasons
1. The basic facts of the claim (1) The Plaintiff is a stock company that runs the construction business, etc., and the Defendant (the Defendant’s trade name was “C” and changed to the trade name as of November 18, 2010; hereinafter “Defendant”) is a stock company that runs the publishing business.
On April 8, 2005, the Defendant entered into a contract with the Plaintiff on September 13, 2005, to extend the construction period to 2.2 billion won (including value-added tax) with the construction cost of 1.83 billion won (including value-added tax) and the construction period from April 11, 2005 to December 31, 2005. The Defendant entered into a contract with the Plaintiff on April 30, 2006, to extend the construction period to 2.2 billion won (including value-added tax) with the construction cost to 2.2 billion won (including value-added tax) and to extend the construction period to 30 April 30, 2006.
(2) Around April 30, 2006, the Plaintiff completed the instant construction and delivered the instant building to the Defendant. On June 8, 2006, the Defendant obtained approval for the use of the instant building from the mayor of the Pakistan.
(3) The Defendant paid only the remainder of the construction cost, excluding KRW 30 million, to the Plaintiff.
(4) After the completion of the instant construction, defects, such as water leakage, occurred in the instant building; the original Defendant derived total of 25 items on September 29, 201 (hereinafter, after the Defendant pointed out the part requiring the repair, discussed the subject, causes, measures, etc. of the Plaintiff and the defect repair) and the Plaintiff agreed to repair the defects in relation to the items 9 among them, by deeming that they constitute the Plaintiff’s defects in the construction process. Under the judgment that the remaining items are not the Plaintiff’s defects in the construction, the Defendant agreed to repair the defects.
In addition, the defendant shall pay the plaintiff KRW 30 million, a payable out of the construction cost of this case, as soon as the remuneration of the above items to be paid by the plaintiff is completed.