1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

1. Basic facts

A. On January 14, 2015, the Plaintiff entered into a construction contract with the Defendant on a construction business entity with the content that the Plaintiff was awarded a contract by setting the construction cost of KRW 175,00,000 (excluding value-added tax) for the construction work from the Defendant to the Seoul-Uan-gun Land Farming Housing Construction Project (hereinafter “instant construction project”) and the construction period of the construction project within three months after the commencement of the construction project after obtaining a construction permit.

B. Upon completion of the instant construction project, the Plaintiff obtained approval for use on February 21, 2017, and received KRW 93,709,300 from the Defendant as the instant construction cost.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's evidence 1 to 5 (including branch numbers; hereinafter the same shall apply), witness D of this court, and the purport of the whole pleadings

2. The plaintiff alleged in the parties concerned did not receive the construction cost of KRW 81,290,700 under the original construction contract. Since additional construction work equivalent to KRW 93,00,000 upon the defendant's request during the instant construction work, the plaintiff sought payment of KRW 174,290,700 in total (= KRW 81,290,700 in total) and damages for delay.

In regard to this, the Defendant did not add to the part of the additional construction claimed by the Plaintiff (the concrete, the subsequent fences, etc.) that was included in the scope of the construction even before the design modification, and the Defendant directly paid the subcontractor the construction cost of KRW 9,014,723 with respect to the part of the instant construction (= KRW 1,139,014, 1,139,014, 5,775,709, and KRW 23,537,112, to repair due to the defect in the construction part of the instant construction work. The Defendant asserts that the construction cost and defect repair cost should be deducted or offset from the construction cost of the instant case.

3. Determination

A. (1) The first contract for the instant construction work is 175,00,000 won, and the Defendant is limited to KRW 93,709,300 among the Plaintiff.