1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

1. Basic facts

A. On October 22, 2012, the Plaintiff was awarded a contract with the Defendant for the 33,500,000 won of the construction cost of the cosmetic Construction Work among the cosmetic Construction Work in Ulsan-gu, Ulsan-gu (hereinafter “instant construction work”), and completed all of the said construction work.

B. From October 23, 2012 to February 7, 2013, the Defendant paid KRW 42.3 million to the Plaintiff, and paid KRW 500,000 to D, a waste disposal business entity.

[Ground of recognition] Unsatisfy, entry in Eul 1 and 2 evidence (including attachment of provisional number), the purport of the whole pleadings

2. The assertion;

A. The Plaintiff’s assertion 1) During the instant construction project, the Plaintiff’s assertion is that, at the Defendant’s request, paint, US, sculpture, stairs installation, waste disposal, etc. (hereinafter “instant additional construction”).

(2) The Plaintiff is obligated to pay to the Plaintiff the remainder of 7.8 million won (i.e., the instant additional construction cost, - 28.5 million won), since the Plaintiff’s payment of the instant additional construction cost was merely 28.5 million won, which was paid by the Defendant to the Plaintiff. In addition, on November 201, the Plaintiff received KRW 8.8 million from the Defendant, one of the instant additional construction costs (including additional tax) from the Defendant among the instant additional construction costs, and completed the construction work after receiving a contract for KRW 8.8 million (including additional tax) from the Defendant among the instant additional construction costs, and the Defendant paid KRW 5 million to the Plaintiff. In short, the Plaintiff waivered the construction work cost, 3.8 million (including additional tax) from the Plaintiff among the said additional construction costs.

Therefore, the defendant is obligated to pay the plaintiff KRW 800,000 equivalent to the value-added tax out of the amount of the paint construction work.

B. The defendant's assertion is concluded between the plaintiff and the defendant.