Of the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid additionally shall be revoked.

1. Basic facts

A. On June 20, 2016, the Defendant entered into a contract for construction work, which sets two debentures into a contract for the construction work at KRW 214,500,000 (hereinafter referred to as “each KRW 3,90,000), on the land owned by C and the Defendant, Gandong-gun (hereinafter referred to as “Defendant’s land”).

B. C subcontracted to the Plaintiff the construction cost of KRW 409,500,000 (in addition to value-added tax, the settlement of KRW 3.9 million per square year), including the foregoing construction work, around November 2016, but the said new construction work was not paid by C to the Plaintiff.

C. After that, around January 10, 2017, the Defendant concluded a construction contract to newly construct one bond of the entire house at 30 square meters on the ground of the land owned by the Plaintiff and the Defendant (hereinafter “instant construction contract”).

The Plaintiff completed the instant construction around September 2017, and the Defendant obtained approval for the use of a house on November 16, 2017 and completed the registration of ownership preservation on the 20th of the same month.

E. The Defendant paid a total of KRW 50 million to the Plaintiff from May 15, 2017 to November 1, 201 of the same year as the construction price under the instant construction contract.

F. On November 30, 2017, the Plaintiff and the Defendant dispute over the settlement of the construction cost. On November 30, 2017, regarding the construction cost of the instant case, ① Building area is KRW 128,700,000, and the construction cost is KRW 3300,000 (i.e., KRW 33: grade x 3.9 million); ② Additional construction cost is recognized; ③ the construction cost paid by the Defendant to C in accordance with the instant construction contract with C is deducted from the total amount of KRW 36 million paid by the Defendant to the Plaintiff under the instant construction contract, and ④ the amount of KRW 86,00,000,000 paid by the Defendant to the Plaintiff (i.e., KRW 128,70,000, KRW 1300,000, KRW 1386,000).