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. Determination on the cause of the claim

A. On September 4, 2015, the Defendant entered into a construction contract with the Plaintiff on a contract with the term of KRW 17,500,000 for the construction cost, and the construction period until September 10, 2015. The Defendant completed the construction work within the said period. However, the Plaintiff paid KRW 8,00,000 to the Defendant out of the said construction cost, either there is no dispute between the parties or is recognized by the evidence Nos. 1 and 2.

According to the above facts, the defendant is obligated to pay the remainder of the construction cost of KRW 9,500,000 (=17,500,000 - 8,000,000) to the plaintiff, unless there are special circumstances.

B. The defendant asserts that since the plaintiff did not complete the construction work within the construction period, the plaintiff suffered losses equivalent to KRW 18,600,000 due to the failure to complete the construction work at the time, and the plaintiff paid the plaintiff's repair expenses equivalent to KRW 4,210,000 for the plaintiff's construction work, the payment for the construction work to be paid to the defendant does not remain.

However, the Plaintiff did not complete the construction work on the sole basis of the descriptions and images of the evidence Nos. 1 to 8.

It is insufficient to recognize that defects have occurred in the Plaintiff’s construction work, and there is no other evidence to acknowledge them.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 9,50,000 won and damages for delay calculated at the rate of 6% per annum under the Commercial Act from September 12, 2015 to December 11, 2015, which is the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. As such, the plaintiff's claim is justified, and the judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed as it is without merit.