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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The plaintiff is a person who performs the other construction work, and the defendant is a person who performs the other construction work.
B. The Plaintiff was awarded a contract with the Defendant for another construction work, and until August 7, 2016, performed the other construction work equivalent to KRW 25840,000 as indicated in the following table, and received KRW 15 million as the price therefor.
D 5,860,000 won, D 7,000 won, KRW 3,50,000 won, KRW 3,500,000 won, Daejeon Kimchi Factory 2,2230,000 won, KRW 5,389,00 won, KRW 5,000,000 won, KRW 5,000,000 won, KRW 6,5840,00 [based on recognition], entry in the evidence of subparagraphs A1 through 3, and the purport of the whole pleadings.
2. Determination on the cause of claim and the defendant's assertion
A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1084,00,000 (=25840,000 won - 15,000 won) and the damages for delay calculated at each rate of 5% per annum under the Civil Act until May 25, 2018, which is obvious from September 2, 2017 to the date on which the copy of the complaint of this case was served to the Defendant after the due date, as sought by the Plaintiff.
B. The defendant asserts that the plaintiff promised to pay 5890,000 won of the construction cost due to the occurrence of defects in the Hanil Construction Works in the old and America, but there is no evidence to acknowledge this.
Therefore, the defendant's argument is without merit.
3. The plaintiff's claim for conclusion must be accepted on the ground of the reasons.
The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed.