1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Conclusion of construction contract and the progress of construction works

가. 원고는 C이라는 상호로 건축업을 영위하는 사람인데 2011. 6. 9. 피고가 발주하는 경북 청송군 D 외 1필지 지상 우사(牛舍) 신축 공사(이하 ‘이 사건 공사’라 한다)를 대금 2억 7천만 원에 수급하기로 계약(이하 ‘이 사건 계약’이라 한다)을 체결하였다.

B. The Plaintiff, while continuing the instant construction, suspended around September 201, and the Defendant directly performed the remaining construction and completed it around December of the same year.

C. The design drawing of the instant construction project was the floor size of 1,792 square meters, but the floor size of the construction project was changed to 1,902 square meters, from that time, the Plaintiff performed the construction project according to the changed design.

Until now, the defendant paid the plaintiff the construction cost of KRW 165 million.

[Based on the facts without dispute, Gap evidence No. 1, Gap evidence No. 10-1, 2, and 3, the fact-finding results of the fact-finding of the court's office's office's Cheongsung Corporation's Cheongsung Corporation's Cheongsung Corporation's Cheongsung Corporation's Cheongsung Corporation's Cheongsung Corporation's Cheongsung Corporation's Cheongsung Corporation's Cheongsung Corporation's Cheongsung Corporation's 189,568,354, and the plaintiff's appraisal entrustment result of the plaintiff's claim against the plaintiff's non-engineering Corporation's 19,587,294,55,648 (=189,568,354 won +19,987,294 won)'s 1650,500,000 won, which had been paid by the plaintiff's appraisal result (hereinafter "the appraisal result")

The statement of No. 14 on the defendant's argument alone is insufficient to deem that the actual work price is merely 146,815,270 won as the defendant's assertion by following the appraisal result, and there is no other counter-proof.

The defendant does not work in accordance with the first design drawings.