1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On November 12, 2015, the Plaintiff entered into a contract with the Defendant under which the construction of a new house and the construction of an access road (hereinafter referred to as the “instant construction,” and the “instant building”) in order to enter into a contract with the Defendant for the construction cost of KRW 141,70,000 (excluding value-added tax) of the construction cost (hereinafter referred to as the “instant contract”).

B. The Plaintiff started construction work according to the instant contract, and the Defendant paid the Plaintiff KRW 128,360,000, totaling KRW 128,360,000, as the instant construction cost, on December 7, 2015, KRW 42,510,000 on February 29, 2016, KRW 28,340,000 on August 28, 2016, and KRW 15,00,000 on October 17, 2016.

C. 1) Meanwhile, while carrying out the instant construction with the Defendant’s consent, the Plaintiff changed the sn beam beam line of the instant building to a pipe-type steel structure, unlike the design drawing. 2) In addition, the Plaintiff agreed with the Defendant to carry out the instant construction, instead of not installing access roads during the instant construction, (i) concrete packing works, toilet additional works, etc., which were not included in the original contract; and (ii) accordingly, (iii) the said construction was carried out.

On November 19, 2016, the Plaintiff delivered the instant building to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 10, Eul evidence No. 1 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Although the construction is suspended during the course of construction and fails to complete the last process intended to be completed, it is reasonable to interpret that the construction is completed, but it is reasonable to interpret that the construction is not only a defect in the object, if it is required to compensate due to incomplete works.