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. Basic facts

A. On August 30, 2012, the Plaintiff concluded a contract with the Defendant on September 10, 2012 (hereinafter “instant construction contract”) under which the C Center Stockpiling Work (hereinafter “instant construction”) was to be awarded a contract on September 10, 2012, the date of completion, October 15, 2012, the date of construction completion, the construction cost of KRW 11,600,000, and the warranty bond rate of KRW 3% (hereinafter “instant construction contract”).

B. In addition, around October 2012, the Plaintiff drafted a contract with the owner of the building, the owner of the building, the Plaintiff, and the Plaintiff on September 1, 2012, the date of commencement, and the construction cost of construction KRW 22,00,000, as well as the construction cost of construction cost of KRW 22,00,00 with respect to the retaining wall and the foundation of the fence (hereinafter “instant retaining wall construction”).

C. On November 15, 2012, the Defendant notified the Plaintiff of the termination of the instant construction contract on the grounds that the instant construction project was delayed and defective. By that time, the construction cost incurred by the Plaintiff on the flag of the instant construction project is KRW 69,648,300.

The Defendant paid 22,800,000 won to the Plaintiff out of the construction cost of this case until now.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 2, 3, 6, 10 evidence, Eul evidence 1-1 and 2-2, and the result of appraiser D's appraisal, the purport of the whole pleadings.

2. Determination as to the cause of claim

A. According to the facts of recognition as to the construction cost of this case, the defendant is obligated to pay to the plaintiff the remaining construction cost of KRW 46,848,300 (69,648,300 - 22,80,000) excluding the construction cost of KRW 22,80,000 paid by the plaintiff at KRW 69,648,30,000, which was paid by the defendant, for the construction cost of this case, barring any special circumstances.

B. As the Plaintiff entered into a contract with the Defendant on the instant construction and the retaining wall construction, the Defendant entered into a retaining wall construction contract with the Defendant to perform a part of the construction. Thus, the Defendant did not have to do so to the Plaintiff.