1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. As to the judgment of the first instance court that was rendered on January 8, 2019 by the Defendant, the Defendant filed an appeal for subsequent completion on January 29, 2019. In full view of the records and the purport of the entire pleadings in the instant case, the first instance court proceeded with the litigation by means of service by public notice from the service of a copy of the complaint against the Defendant, and the Defendant, upon obtaining a certified copy of the judgment of the first instance on January 28, 2019, appears to have become aware of the pronouncement of the judgment of the first instance and the fact of service by public notice of the certified copy of the judgment, and thus, the instant appeal for subsequent completion filed within two weeks thereafter is lawful.

2. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in the facility business with the trade name of “C”, and the Defendant is an individual entrepreneur engaged in the housing construction and remodeling business with the trade name of “D”.

B. From August 2016 to March 2018, the Plaintiff completed the construction work upon oral subcontracting the part of the construction work (such as boiler installation, excellent pipes, sanitary and water supply facilities, etc.; hereinafter “instant construction work”).

[Ground of recognition] Unsatisfy, Gap evidence 5, Eul evidence 3

3. The party's assertion and judgment

A. The Plaintiff asserted that the Plaintiff had completed the construction work amounting to KRW 66,50,000 for the aforementioned period. However, the Defendant paid KRW 43,000,000 out of the instant construction work price to the Plaintiff from August 21, 2016 to December 21, 2017, and did not pay the remainder of KRW 23,550,000, and thus, the Plaintiff claimed payment for the unpaid construction price and damages for delay.

B. The Defendant asserted that, among the new construction works of each building, the Defendant contracted the interior water supply construction cost of KRW 120,000 per unit area of each building (3.3 square meters) from the ordering person, and agreed to pay construction cost of KRW 100,000 per 3 square meters per 3 square meters, excluding the Defendant’s business income of KRW 20,000,000, to the Plaintiff.

Accordingly, the defendant.