1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On July 7, 2013, the Plaintiff: (a) drafted a written estimate to the Defendant, who operates a bath, for the purpose of KRW 41,875,00,00 for the construction cost of the brine and removal works; (b) the racker construction; (c) the racker construction; (d) the racker heat construction; (e) the electrical construction; and (e) the installation of the electric boiler.

B. On July 10, 2013, the Plaintiff entered into a contract for construction with the Defendant (hereinafter “instant contract for construction”) by modifying a written estimate to install five heatproof seasons at KRW 3 million and delivering it to the Defendant, only with respect to the construction items and construction cost of the said bath site, such as a ceiling for a high temperature bank, wall, floor construction, souther floor construction, and installation of chairs.

C. From July 10, 2013, the Plaintiff performed construction works. Meanwhile, the Defendant paid to the Plaintiff KRW 3 million on July 8, 2013, and KRW 4 million on July 10, 2013, respectively.

On July 15, 2013, the Plaintiff issued a written estimate to the Defendant on the ground that the construction of the remaining and hot-water bed is additionally added. On July 29, 2013, the Plaintiff sent a document verifying the content of seeking payment of the remainder of construction to the Defendant. On August 19, 2013, the Defendant sent to the Plaintiff a certificate of the content that “The remainder of construction is KRW 2 million, and the Plaintiff demanded the purchase of the hump, which is irrelevant to the instant construction contract, and delayed the construction. Therefore, the Plaintiff sent to the Plaintiff a certificate of the content that “if the construction is not completed by August 30, 2013, the construction period shall be liable for nonperformance.”

E. The Plaintiff suspended construction on July 27, 2013, and did not install a heat conditioning system. Since August 27, 2013, the Defendant entrusted another business entity with a bath repair work and completed the construction work on September 2013.

[Reasons for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1 through 3, and 5 (including branch numbers, and the purport of the whole pleadings)

2. The plaintiff.