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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.
Reasons
1. Around May 2012, the Defendant entered into a contract with the Plaintiff for the repair work of three floors of the building located in Changwon-si, Changwon-si (hereinafter “instant construction work”) with the construction cost of KRW 17,00,000, and the construction period of KRW 12,000 from June 12, 2012 to July 1, 2012 (hereinafter “instant contract”). After completing the instant construction work, the Defendant handed over the said two partitions, etc. to the Plaintiff.
[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The outer wall on the upper part of the window is destroyed and the number of them is generated in the gap. As such, the Defendant is obliged to return KRW 7,00,000 to the Plaintiff, in accordance with the instant contract agreement, the down payment and intermediate payment that was paid to the Plaintiff according to the defective construction of the floor. 2) The Defendant incurred a defect due to the defective construction of the floor, and the Plaintiff sustained damages that should incur KRW 38,00,000,
3) As the Defendant failed to complete the instant construction within the period specified in the instant contract, the Defendant shall pay KRW 2,142,00 for liquidated damages. 4) As the Defendant carried out, while carrying out the instant construction, the books and chairs owned by the Plaintiff without permission, the Defendant shall pay KRW 2,100,000 corresponding to the market price.
B. 1) According to the statement of Gap evidence No. 2 as to the note above, the plaintiff and the defendant agreed to complete the repair work when the contract of this case was conducted simultaneously with the contract of this case and the defects are confirmed, and if the construction work is not net, it is recognized that the whole amount received is returned when the construction work is not net, and that the construction is responsible for all legal matters during the construction period. However, the following circumstances, which can be acknowledged by adding the whole purport of the pleadings to each statement of evidence Nos. 3 and 10, are to ensure the implementation of the contract of this case.