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. Basic facts

A. On December 1, 2016, the Plaintiff entered into a contract with the Defendant for the construction of the Gangnam-gu Seoul Metropolitan Government C building and D (hereinafter “instant housing”) with the cost of construction KRW 13,00,000, and the construction period from January 3, 2017 to January 6, 2017 (hereinafter “instant construction contract”).

B. According to the instant construction contract, the Plaintiff performed the construction of the instant housing unit and the installation of a collective housing unit.

C. The Defendant paid the Plaintiff KRW 1,50,000, totaling KRW 11,500,000 via an account in the name of E on January 9, 2017, and KRW 8,500,000 via an account in the name of F on January 16, 2017, and KRW 1,50,000, totaling KRW 11,500,000 via an account in the name of F on February 27, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. According to the above findings of determination as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 1,500,000 (i.e., the construction cost of KRW 13,00,000 - the total construction cost of KRW 11,50,000) and delay damages therefrom, excluding the amount already paid among the construction cost under the instant construction contract.

(3) In addition to the construction contract in this case, the Plaintiff asserted that the construction cost falls under KRW 20,000,000 by an agreement between the Defendant and the Defendant to perform the additional construction work, such as floor boiler construction, stalves movement, and brick construction, but there is no evidence to acknowledge it, and the Plaintiff’s assertion on this part is not accepted).

A. If there is a defect in the completed object in a contract for work, the contractor may claim against the contractor for the repair of the defect, and he may claim damages in lieu of or together with the repair of the defect. These claims are in the simultaneous performance relationship with the contractor's contract price claim.

(See Supreme Court Decision 2007Da31914 Decided October 11, 2007). B.

The Defendant is the Plaintiff.