1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 1, 2012, the Plaintiff entered into a contract for construction with the Defendant for the construction period from November 1, 2012 to December 31, 2012, the construction amount of KRW 70,000,000, and entered into a contract for construction with the D List Center located in Kimpo-si, Kimpo-si (hereinafter “instant center”).

B. The Plaintiff continued construction under the instant construction contract. Around December 24, 2012, a completion inspection report regarding the instant construction site was prepared in the presence of D-related persons, and the Plaintiff was completed at the instant construction site around February 5, 2013.

C. The Plaintiff received a total of KRW 51,500,000 among the construction cost of KRW 70,000,000 from the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 5 through 7, purport of the whole pleadings

2. First of all, we examine the scope of construction work agreed under the construction contract of this case.

The plaintiff asserts that the ceiling and the Buddhist area of the name center of this case were not included in the scope of the construction work under the construction contract of this case, and the defendant asserts that the ceiling and the Buddhist areas of the name center of this case were included in the scope of the construction work under the construction contract of this case.

In full view of the records and images of evidence Nos. 5, 5, and 9 as well as the overall purport of the pleadings, it would normally be assumed that, in the case of inspection of a temple repair work, the part adjacent to the wall surface or the inner tent is closed. However, in light of the fact that the design, etc., which is a part of the construction contract of this case, does not include any provision that limits the scope of a simple construction, such as explicitly excludes the inner tent part from the wall surface or the inner tent part, and that the simple gate construction for the part adjacent to the ceiling of the name center of this case was being carried out, it is reasonable to view that the scope of the construction contract of this case is also included in the ceiling of the name center and the wall adjacent

Next, according to the instant construction contract.