1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, Eul evidence No. 1-5, and Eul evidence No. 4, together with the purport of the whole pleadings.

The Plaintiff is a person engaged in interior construction, wholesale and retail business of construction materials, etc. in the trade name of “B,” and the Defendant is a company engaging in construction business, etc.

B. On July 5, 2013, the Plaintiff entered into a construction contract with the Defendant that the Plaintiff would accept a subcontract for the construction of the instant construction project (Evidence A; hereinafter “instant construction contract”) on the same day, with the amount of KRW 22,00,000 (value 20,000,000, value 2,000, value 2,000), from July 10, 2013 to August 2, 2013, among the class extension works of the Seocho-si Kindergarten kindergarten from the Defendant, as well as the construction period from July 10, 2013 (hereinafter “instant construction project”). Around that day, the Plaintiff started the instant construction project.

C. While carrying out the instant construction project, the Plaintiff was demanded by the Defendant to perform the additional construction works for the instant construction project (hereinafter “instant additional construction works”). On September 30, 2013, the Plaintiff issued the Defendant a detailed statement of additional construction works whose construction amount was KRW 17,839,50 (excluding value added tax) with respect to the price for the instant additional construction works.

After that, the Plaintiff completed the instant construction and additional construction.

E. The Defendant paid the Plaintiff KRW 42,600,000, totaling KRW 42,600,000 on July 10, 2013, KRW 7,000 on August 14, 2013, KRW 4,400,000 on August 30, 2013, KRW 20,000 on September 9, 2013, and KRW 42,60,000 on September 7, 2013.

F. On April 16, 2014, the Defendant paid KRW 538,220 to the Plaintiff part of the price of the instant construction and additional construction work.

2. The parties' assertion

A. The construction amount of KRW 22,00,000 (including value-added tax) under the construction contract of the Plaintiff’s assertion is among the construction items.