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

2...

1. Basic facts - On October 6, 2016, the Defendant announced the announcement of the tender of the “C Corporation” (hereinafter “instant construction”).

The basic amount of the tender announcement is KRW 32 million.

- Around October 11, 2016, the Plaintiff awarded a contract for construction with the Defendant and entered into a contract for construction.

The construction cost is KRW 27,941,00 (successful Bidder: 87.761%).

- The construction of this case included a glass collection model, but the Plaintiff failed to install it.

On December 13, 2017, the Plaintiff and the Defendant agreed to deduct the cost of 4,210,940 won from the cost of construction.

As a result, the price of the instant construction was reduced by 23,730,060 won (=27,941,000 won - 4,210,940 won).

- After that, the Defendant paid to the Plaintiff the remainder of KRW 22,856,980, which deducted the waste disposal cost from the construction cost reduced to KRW 873,080 (=23,730,060 - KRW 873,080).

[Reasons for Recognition] Facts without dispute, Gap 2, 3 (including virtual numbers), Eul 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion (1) The basic amount proposed at the time of the public announcement of the public announcement of the public announcement of the public announcement of the public announcement of the public announcement of the public announcement is the amount reflecting the cost accounting statement. The cost accounting statement includes all the costs associated with the public announcement, such as material cost including direct material cost and indirect material cost, labor

However, the basic amount of 32 million won in the tender announcement was the sum of direct material cost and direct labor cost.

The companies, including the plaintiff, have, as a matter of course, evaluated that the above amount is the amount in the cost accounting statement, and participated in the calculation of the successful bid

When calculating the cost based on the direct cost presented by the Defendant, the total construction cost of the instant construction is KRW 46,293,548.

(2) The Defendant requested a non-professional designer to design.

In addition, the basic amount was not calculated in accordance with the actual contents of the construction of this case, but it was calculated in accordance with the budget.

The plaintiff is a successful bidder.