A. On March 2015, the Plaintiff (contractor) concluded a construction contract with the Defendant (contractor) for the following terms (hereinafter “instant contract”).

The name of the construction project: The construction period of the model house remodeling project (hereinafter “instant construction project”): 20% advance payment of 225,50,000 won (including value-added tax) at the contract price on April 1, 2015 or April 16, 2015 (including the date of commencement of construction) at the Namyang-si, Chungcheongnam-si, Namyang-si: 15% advance payment (1 - within one week after the commencement of construction - 20% advance payment (within one week after the commencement of construction - 30% balance (within one month after the completion of construction) at 30% (within 2 months after the completion of construction).

B. On April 1, 2015, the Plaintiff commenced the instant construction work.

C. On April 17, 2015, an architect office in the instant case (hereinafter referred to as “theme space”) prepared a completion book for the application for approval for temporary use around the filing date of the approval for temporary use. D.

On April 22, 2015, the defendant opened a model house (open events).

E. The Plaintiff’s payment of KRW 44,000,000 to the Defendant on April 1, 2015, and ② The same month

4. 6.6.1: (a) Claim for the progress payment of KRW 33,825,00 for the first time; (b) KRW 33,825,00 for the second time on the 15th of the same month; and (c) KRW 67,650,00 for the third time on May 18, 2015.

F. The Defendant paid the Plaintiff KRW 11,650,00 in total, KRW 111,650,00 on April 2, 2015, KRW 200 on April 7, 2015, KRW 33,825,00 on April 7, 2015, and KRW 33,825,00 on April 21, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2, and 4 evidence (including branch numbers if there are branch numbers; hereinafter the same shall apply), fact-finding on theme space of this court (as of November 9, 2016), witness Gap's testimony, witness Eul's witness Eul's testimony, part of witness Eul's testimony, and the purport of whole pleadings

2. Determination as to the cause of action

A. A. Around April 17, 2015, theme space, the designer of the instant model house, prepared the completion book for the application for approval for temporary use (theme space was confirmed at the time of factual inquiry that the model house was constructed according to the drawing), and the Defendant’s completion date on the date of completion of construction.