1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The following facts may be acknowledged, either in dispute between the parties, or in accordance with Gap evidence Nos. 1, 5, and Eul evidence Nos. 1 and 1 (including branch numbers; hereinafter the same shall apply), and in witness A and witness B of the first instance trial, by integrating the whole purport of the pleadings:

The plaintiff is a company that runs the construction business, and the defendant is a livestock cooperative.

B. On July 21, 2014, the Plaintiff received a contract from the Defendant for the construction of a new building for the inner branch of the Defendant located in Ansan-si, Chungcheongnam-si (hereinafter “instant construction”) from July 25, 2014 to November 22, 2014, with the construction period fixed from July 25, 2014, the contract amount of KRW 419,290,000 (including value-added tax) and the rate of penalty for delay at KRW 1/100.

C. On September 23, 2015, the building completed by the instant construction was inspected upon completion on September 23, 2015, and the Plaintiff prepared and submitted a letter of warranty for the performance of defects as of September 25, 2015.

(hereinafter referred to as the “instant building”) D.

The Defendant paid to the Plaintiff KRW 406,494,974 in the remainder of KRW 12,795,026 of the instant construction cost reduced from KRW 419,290,00,00, the remainder of KRW 396,317,774 in the remainder of KRW 10,177,20 in the cost of waterproof construction and reconstruction of the second floor.

Plaintiff’s assertion

Summary

A. From August 9, 2014 to 10 days, due to typhoon harassment during the instant construction works, the construction was delayed due to a civil petition for ownership of neighboring buildings from August 11, 2014 to August 25, 2014, and the construction was delayed for 15 days without the Plaintiff’s negligence.

However, even though the defendant's person in charge of the above construction delay did not bring about the above construction delay, the defendant did not pay 9,643,670 won to the plaintiff at will after the 23-day delay delay compensation.

B. The portion of the deduction, including the cost of repairing the defects of waterproof construction and the cost of repairing the defects of the second floor, shall be paid to the Plaintiff for the reason that the Defendant himself directly performed the waterproof construction and the reconstruction construction of the second floor, for the first construction cost to the Plaintiff.