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1. The plaintiff's appeal is dismissed.
2. The plaintiff's selective claims added in the trial are dismissed.
3. Appeal.
Reasons
1. Basic facts
A. On March 5, 2013, the Plaintiff concluded a construction contract with the content that the construction work (hereinafter “instant construction contract”) among the construction works of an urban-type residential housing (hereinafter “instant building”) located in Guang-si entered into a contract with the Defendant for construction cost of KRW 21 million (hereinafter “instant construction contract”). The construction cost shall be KRW 10 million as the down payment, the intermediate payment shall be paid KRW 5 million as the down payment, and the remainder shall be settled after the completion and paid three months after completion.
B. From the time of the conclusion of the instant construction contract, the Defendant suspended the instant construction work around September 2013, and the Plaintiff obtained approval for the use of the instant building around January 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 10-1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) As to the instant construction work, the Plaintiff and the Defendant agreed on the deadline for completion of construction with respect to “within one month after the structural construction.” While continuing to delay construction work, the Defendant unilaterally ceased construction work and temporarily ceased and incurred additional construction costs by the Plaintiff due to the Plaintiff’s direct construction work. The Defendant incurred damages to the Plaintiff, as compensation for nonperformance or unjust enrichment, totaling KRW 13,392,70,00 (i.e., the cost incurred by the Plaintiff by performing or rebuilding the construction on behalf of the Defendant (i.e., the cost of installing the toilet house installed at KRW 2,772,700,000, KRW 2.6 million,000,000, which was the cost of installing the boiler pipeline installed at KRW 1,50,000,000,0000 for the original construction contract, and KRW 9,982,700,000,0000,000 for the remainder due to the Defendant’s delay in damages (i.).