1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Basic facts

A. On October 4, 2011, the Plaintiff: (a) the contract amount of KRW 70,000,000 (20,000 on the following day of the contract; and (b) the intermediate payment of KRW 30,000,000 on the following day of the contract; (c) the remainder on October 14, 201; (d) the period of construction from October 5, 201 to 509 (hereinafter “instant building”); and (e) the period of construction from October 5, 2011 to November 4, 2011; (e) the payment on the following day after the issuance of a written confirmation of social welfare and use; and (e) the period of construction fixed and subcontracted as the contract period from November 4, 201.

B. On October 5, 201, the Defendant paid to the Plaintiff KRW 20,000,000 for the down payment, and KRW 30,000 for the intermediate payment on October 14, 201.

【Ground of recognition】 The fact that there has been no dispute, Gap No. 1 and 2, and the purport of the whole pleading

2. Summary of the parties' arguments

A. Until November 4, 201, the Plaintiff completed the instant construction project and the additional construction work equivalent to KRW 2,000,000,000, and the Defendant received a written confirmation of use from social welfare regarding the instant building. As such, the Defendant is obligated to pay the Plaintiff the remainder of KRW 20,000,000 and the additional construction cost of KRW 2,00,000,000 and damages for delay.

B. There is no further proceeding between the Defendant and the Plaintiff.

In addition, with respect to the instant construction, ① the cost of repair due to the non-construction and defects is KRW 26,755,512, ② the amount of damages for lost loss that the Defendant was unable to run due to the Plaintiff’s delay in construction is KRW 3,739,028, ③ the amount of damages for facilities incurred to the “C foreign Language Private Teaching Institutes” on the lower floor of the instant building due to the defects in the instant construction, and the amount of KRW 4,148,372 should be deducted. As such, the Defendant did not remain to pay the Plaintiff with respect to the instant construction.

3. Determination

A. In full view of the following facts, the Defendant’s report on the establishment of commuting system welfare facilities for the aged and long-term care institutions as to the instant building on November 17, 201, based on the following facts: (a) 3, 6, 11-1 and 2 of the evidence No. 11; and (b) 1) 1 and 2 of the fact inquiry reply to the military branch of this Court.