1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Basic facts

3. Period: From June 30, 2014 to November 30, 2014;

4. Total contract amount: 370 million won (excluding value-added tax).

5. Timing and methods of completed portion: Within 15 days after the completion of 200 million won in the case of a contract of KRW 100 million in advance, an intermediate payment of KRW 70,000,000,000.

6. Repair period: 2 years after the completion of construction.

7. Other matters: including the total floor area of 334.93m2, elevator contents, gas input fees, including water supply and water supply fees, including Han electric power supply fees, construction by drawings separate from expenses for occupation and use, studio electronic equipment (laundry machines, TV, fish containers, and morals).

A. On June 27, 2014, the Plaintiff entered into a contract with the Defendant to construct a multi-family house (hereinafter “instant building”) on the ground of Pyeongtaek-si owned by it (hereinafter “instant contract”).

The main contents of the instant contract are as follows:

B. By September 3, 2014, the Defendant paid the Plaintiff the construction cost of KRW 140 million to the Plaintiff, and around that time, the Plaintiff completed the structural construction of the instant building.

C. Around September 10, 2014, the Plaintiff demanded the Defendant to increase the construction cost by presenting a new quotation stating the construction amount of KRW 574,992,344, on the ground that the actual construction area of the instant construction project increased more than what was scheduled in the original contract. The Plaintiff refused it, thereby suspending the construction work and leaving the site around that time.

Accordingly, the Defendant demanded the Plaintiff to resume construction on October 2, 2014, but refused to comply with the Plaintiff, and terminated the instant contract on October 10, 2014, and concluded a construction contract with a new construction business entity, such as the Central building stones, and resumed the interrupted construction.

[Ground of recognition] Class 4, 5, 7, 9, 10, 12 Evidence Nos. 4, 5, 7, 9, 10, 12, Eul's statements and images (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 is that the structural construction among the new construction works of the instant building.