1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

3. Text of the judgment of the court of first instance;

Facts of recognition

The Plaintiff is an individual entrepreneur who runs interior fishery business with the trade name of “C,” and the Defendant is a person who requested the Plaintiff to pay the construction cost of the interior works for the Nam-gu Busan Metropolitan Government D and E (hereinafter “instant construction work”).

The defendant paid 80 million won out of the construction cost to the plaintiff.

The Plaintiff and the Defendant agreed to pay the remainder of the construction cost by deducting KRW 8 million from the total cost of repair of walls, painting and film and film and film and film and film and film and film construction cost, respectively, among the remainder of construction cost of KRW 20 million, and by deducting KRW 4 million from the total cost of defect repair of KRW 4 million, but the Defendant refused to pay KRW 8 million. As such, the Plaintiff’s refusal to pay the remainder of KRW 8 million, upon delivery of a duplicate of the instant grounds of appeal.

The Defendant shall pay the Plaintiff the remainder of the construction cost of KRW 4.53 million, the repair cost of KRW 3,761,130, the repair cost of KRW 11,708,870, and the delay damages.

Of the instant construction works, Defendant 2 did not complete the wall painting construction, film construction, electric lamps construction, and contact installation construction, etc., and there were defects in door 4, toilet screen, etc., and in addition, it cannot be deemed that the Plaintiff completed the work stipulated in the contract.

Therefore, the defendant is not obliged to pay the construction cost until all construction works are completed.

(L) The Plaintiff is obliged to pay the construction cost to the Plaintiff: (a) the Plaintiff exempted the Defendant from the payment of KRW 12 million out of the remainder of the construction cost of KRW 20 million; and (b) separately from the aforementioned KRW 12 million, the cost of painting and film repair in a ward wall construction and film construction should be deducted from the construction cost; and (c) the said cost includes timbering construction cost, personnel cost, and living cost during the construction period; and therefore, (d) the lower court recognized as the construction cost of this part as the construction cost of this case is excessive, and (e) the construction cost of this part is limited to KRW 3 million.