A. On November 13, 2015, the Plaintiff engaged in the construction business, etc. entered into a contract with the Defendant for the construction work of constructing a D plant (hereinafter “instant building”) on the ground of Kimhae-si (hereinafter “instant construction work”) (hereinafter “instant construction work”) under which the contract was concluded between the Defendant and the construction work period from November 20, 2015 to April 30, 2016, with regard to the construction work cost of KRW 1,265,00,000 (including value-added tax) and the construction period of the instant construction work (hereinafter “instant contract”).

B. On June 16, 2016, the Plaintiff and the Defendant concluded a modified contract to extend the construction period of the instant contract to June 30, 2016.

C. From November 23, 2015 to October 27, 2016, the Defendant paid the Plaintiff KRW 1,117,50,000 in total nine times as indicated in the following table as the construction cost of the instant case.

The amount of the first payment date of November 23, 2015 No. 126,50,000 on July 8, 2016; 140,000,000 on July 8, 2016; 22,00,000 on July 29, 2016; 310,000 on July 13, 2016; 310,000 on July 5, 2016; 310,000 on July 5, 2016; 15, 60,000,000 on July 60, 200, 350,000, 350,000 on May 4, 40, 200, 2009; 10,50,000 on the aggregate; 10,50,010, Oct. 7, 2010;

D. The instant building was approved for use on April 14, 2017.

【Ground of recognition】 Evidence Nos. 1 through 4, Eul’s statements and the purport of the whole pleadings

2. Determination as to the cause of action

A. The criteria for distinguishing the completion of the instant construction from the incomplete completion and defects of the new construction of the building are deemed to have been completed if the construction was interrupted during the course of the construction and the scheduled final process is not completed. However, it is reasonable to interpret that the construction is completed but it is not only if the main structural part is to be repaired as agreed upon, but also if it is to be repaired due to incomplete construction, it is not sufficient to interpret that the construction is completed, but also there is any defect in the object. Whether the scheduled final process in individual cases has been completed or not.