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

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. On January 19, 2017, the Plaintiff was awarded a contract with the Defendant for the construction cost of KRW 38,900,000,00 for the interior interior interior interior interior interior interior interior interior interior interior of Songpa-gu Seoul apartment 201, 1801 (hereinafter “instant construction”).

After that, due to the addition or modification of the construction work details of this case, the Plaintiff and the Defendant agreed to make the construction work cost of this case as KRW 50,700,00 (hereinafter “total construction cost”).

B. The Defendant paid the Plaintiff KRW 24,00,000 in total, including the instant construction cost, KRW 4,000,000 on January 19, 2017, KRW 10,000 on January 24, 2017, KRW 6,000,000 on February 6, 2017, and KRW 4,000,000 on February 8, 2017 (hereinafter “existing payment”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 30 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion;

A. The plaintiff asserts that since the construction work of this case reaches 80% of the total construction cost, the defendant is obligated to pay to the plaintiff 16,560,000 won (=50,700,000 won (total construction cost) x 80% (which shall be 16,560,000 won) less the fixed construction cost 24,00,000 won.

B. The defendant asserts that the construction work of this case is merely about 20% (the purport that the construction work price for the part of the construction work of this case is merely about 10,700,000 won) and that the defendant is sufficient to pay the plaintiff the construction price of 10,700,000 won, but it has already been paid 24,00,000 won in excess of the construction price, so the defendant does not have any remaining construction price to be paid to the plaintiff.

3. Determination

A. In the event that the contractor has to settle the construction cost on the basis of the completed construction contract without completion of the construction work, the contractor shall calculate the construction cost by applying the ratio of the completed part and the pre-construction cost calculated on the basis of the construction cost actually entered or to be entered into the pre-construction part to the agreed construction cost.