1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the court’s explanation concerning this case is the same as the reasoning of the court’s decision in the first instance except for the following supplementary reasons. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The defendant asserts that since there is no basis for recognizing the fact of expenditure of labor costs and indirect costs as in the first instance trial, it is unfair to recognize it as construction cost. The defendant asserts that the claim for damages due to the plaintiff's default on obligation, compensation for delay, and defect repair cost are offset against the claim for construction cost

In full view of the following facts: (a) it is apparent that labor costs and indirect costs will be incurred in the construction work in addition to material costs; (b) the appraiser confirmed that the instant construction work was executed in accordance with the design drawing; and (c) calculated each of the above construction costs based on the design drawing and the survey result; (d) there is no ground to deem such appraisal result unreasonable; and (e) the first instance court recognized the amount less than the above appraisal result as the construction cost according to the disbursement details of the Plaintiff’s assertion, it is difficult to deem that the recognition of the first instance labor costs and indirect costs is unreasonable; and (e) there is no evidence to acknowledge the Plaintiff’s default

Therefore, it is difficult to accept the defendant's argument.

2. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed. It is so decided as per Disposition.