The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

1. Basic facts

A. The Plaintiff is a person engaged in stone industry under the trade name of “C,” and the Defendant is a company established for the purpose of interior construction business, etc.

B. On September 2015, the Plaintiff was awarded a contract with the Defendant for an external stone work of “E” located in Jeju-si D (hereinafter “instant construction work”), and completed the instant construction work around January 2016.

C. On September 30, 2015, the Plaintiff issued a tax invoice stating a total of KRW 50 million to the Defendant and filed a claim for construction payment. The Defendant paid KRW 50 million in total on four occasions from September 23, 2015 to January 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 (including a provisional number; hereinafter the same shall apply) and 2, the purport of the whole pleadings

2. The Plaintiff, at the time of receiving the instant construction contract from the Defendant, claimed that the Plaintiff paid KRW 100,125,000 per square meter in the case of a fenced construction with an outer fenced price of KRW 35,00 per square meter, and KRW 75,00 per square meter in the case of a fenced construction with an overlapped fence, and that the Plaintiff paid KRW 1,335 square meters in the case of a fenced construction with a total of KRW 1,335 square meters in the instant construction work. As such, the Defendant claimed that the Defendant paid KRW 100,125,00 in the construction cost calculated on the basis of overlapped fence to the Plaintiff (i.e., KRW 75,00 in x 1,35 square meters in the case of a fenced construction with an outer fenced price of KRW 135,50,00 in the aggregate (i.e., KRW 100,125,000 in the case of the instant construction work).

However, as alleged by the Plaintiff, the Defendant calculated the construction cost by dividing the Plaintiff into the outer fence, and calculated the construction cost of KRW 75,00 per 1 square meter in the case of a fence construction work, and there is no evidence to support that the Defendant agreed to calculate the construction cost of KRW 75,00 per 1 square meter, and instead, added the purport of the entire pleadings to the statement in subparagraph 2-7 and 8, the Plaintiff calculated the total area of the stone fence constructed by the Plaintiff to the Defendant on January 22, 2018.