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. The Plaintiff entered into a contract with the Defendant for a new construction work of the second-story housing unit C in Ulsan-gu, Ulsan-gu (hereinafter “instant housing”) owned by the Defendant (hereinafter “instant construction work”), and commenced the construction work around March 16, 2015.

B. The Plaintiff prepared and delivered to the Defendant a document stating KRW 17,263,830 as the list of additional construction works of the instant house and its cost as “additional cost for D New Construction.” On March 27, 2017, the Defendant confirmed the said document and entered it in the top of the said document as “I, upon completion of the following matters, enter the said document as “I will immediately deposit KRW 10,000 (Won 10,000)” and sign it at the same time.

(A) The document signed and sealed by the Defendant (hereinafter referred to as the “instant letter of confirmation”).

The Plaintiff completed the instant construction, and obtained approval for the use of the instant housing on April 28, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from June 17, 2017 to the day of complete payment, which is the day following the delivery of the original copy of the instant payment order, to the day of full payment.

3. Determination as to the defendant's assertion

A. The summary of the Defendant’s assertion was signed by the Defendant on the instant confirmation document, but this was a conditional agreement to the effect that the Plaintiff would pay KRW 10,000,000 in return for the completion of the defect repair of the instant house and the completion of the said house would enable the Defendant to exercise his/her property right.

However, even after the completion of the above house, there was a defect to the extent that it was difficult to live in Ycheon-si, and the present situation was difficult to utilize it as a residential space, and thus, the conditions set forth in the above certificate was not realized. Therefore, the Defendant is the Plaintiff’s construction cost of 10,000.