1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Basic Facts

On April 2018, the Plaintiff entered into a contract for construction works with the Defendant for film, drawing, electricity, lighting, strawing, wood-proof, shock net, bathing room, snow, stale, stale, heavy stale, and so on, and during construction period from April 27, 2018 to May 20, 2018: The construction cost, 52 million won (contract amounting to KRW 20 million, intermediate payment, KRW 10 million, and KRW 22 million) that the Plaintiff received from the Defendant for a contract for construction works.

(hereinafter “instant construction contract”). On April 27, 2018, the Defendant paid to the Plaintiff KRW 40 million in total, including the intermediate payment of KRW 20 million after May 5, 2018, and the intermediate payment of KRW 20 million.

On May 16, 2016, the Plaintiff discontinued the instant construction work, and the Defendant occupied the said apartment on May 23, 201.

[Grounds for recognition] The plaintiff's assertion that the plaintiff's assertion was changed from time to time from time to time in some items without dispute, Gap's evidence Nos. 1, 3, and Eul's evidence Nos. 4, and the purport of the whole pleadings. The plaintiff's assertion is final and conclusive as the claim stated in the application for change of cause of claim on May 7,

The construction cost under the instant construction contract by the Plaintiff is KRW 44,30,000 as listed below.

In addition, due to a cause attributable to the Defendant, the Plaintiff additionally disbursed 3.2 million won, such as the additional construction cost for reconstruction (6.0 million won for reconstruction of floor film, 1.2 million won for reconstruction, 1.2 million won for floor reconstruction, 1.0 million won for floor construction, and 4.5 million won for return transportation). As such, the Defendant should pay to the Plaintiff the remainder of the construction cost and the additional construction cost (i.e., KRW 4., KRW 4.3 million - KRW 3.2 million).

Judgment

According to the facts found above, it is recognized that the Plaintiff completed partial construction except floor construction, etc. among the instant construction works, and that the Defendant paid KRW 40 million to the Plaintiff out of the construction cost of this case.

However, the Plaintiff and the Defendant, i.e., the following circumstances, which may be known by the facts without dispute, Gap evidence 3, 5-3, Eul evidence 1-12 and the purport of the whole pleadings: