1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. On October 28, 2013, the Plaintiff was awarded a contract with the Defendant for the installation of mushroom growing spawn (hereinafter “instant spawn”) with the following content:

(hereinafter referred to as the “instant construction contract”). The name of the construction project: The construction site from among five growing spaws 4: the construction period for the construction project at the Seogyeong-si: The contract period on November 1, 2013; November 15, 2013; the contract amount of KRW 78.1 million on November 15, 2013; = the supply price of KRW 2.7 million (including two spawn during the temperature season) = The payment method of KRW 80,800,000 for the construction cost: The payment period for the full repair of defects within ten days after completion of the inspection; one year after the completion of the inspection.

B. Since then, the Defendant paid the Plaintiff the construction cost of KRW 5 million on December 5, 2013, and KRW 6 million on December 13, 2013, and agreed with the Plaintiff that the construction cost of KRW 43.2 million should be excluded from the instant construction contract.

In addition, on November 5, 2013, the Plaintiff paid KRW 1 million to D, a subcontractor of the Plaintiff, on behalf of the Plaintiff, and between November 2013 and December 2013, the Plaintiff paid KRW 12,078,000 in lieu of the Plaintiff.

C. Meanwhile, on November 2013, the Plaintiff started construction of the instant lower court’s construction work and completed construction works on December 2013, 2013. At the time of concluding the instant construction contract, the size of the mushroom growing nives on the design drawings attached by the Defendant side is about 45 square meters or about 35 square meters.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12, Eul evidence Nos. 1 through 3, and video Nos. 6 (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 15,822,00 (=80,000 - KRW 6,000,000 - KRW 43,200,000 - KRW 12,078,000 - KRW 12,700,000 - 2,700,000 (additional tax amount for the second half of the temperature season)), barring special circumstances.

B. The judgment on the defendant's assertion (1) is first given to the defendant, and the plaintiff is 45 square meters.