The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

1. Basic facts

A. The Plaintiff is a person who engages in the classical service, such as the display site and the pressing, with the trade name of “D”, and the Defendant and the sperm are married couple, who have engaged in the educational service business under the trade name of “F Private Institutes” on the 3 and 4th floor of the land building in Daegu Jung-gu. (hereinafter “instant private teaching institutes”).

B. Around March 2016, the Plaintiff, the Defendant, and the sperm concluded a contract for the construction of the interior works of the instant private teaching institute (hereinafter “instant construction works”).

(c)

The Defendant and the sperm paid KRW 38,000,000 to the Plaintiff as the price for the instant work.

[Judgment of the court below] The facts not disputed, Eul's evidence No. 4, and the purport of the whole pleadings

2. The parties' assertion

A. On March 2016, the Plaintiff asserted that the instant construction contract was concluded between the Defendant and the sperm and concluded between the Plaintiff with a view to KRW 55,000,000 for the construction cost. From March 18, 2016 to April 24, 2016, the instant construction was completed.

On the other hand, in April 2016, the Plaintiff completed additional construction work equivalent to KRW 6,880,000, such as the construction of the Defendant in early April 2016 and the installation of stairs painting, display stand, and cremation stand.

The Defendant and the sperm paid to the Plaintiff only KRW 38,00,000 out of the total construction cost of the instant construction and the said additional construction cost of KRW 61,880,000 (= KRW 55,000,000).

Therefore, the Defendant and the sperm jointly and severally have the obligation to pay the Plaintiff the price of KRW 23,880,000 (=61,880,000 - 38,000,000) and the delayed damages.

B. The Plaintiff, the Defendant, and the sperm entered into a contract for construction with the content of reserving the payment of KRW 40,000,000 for the instant construction work and KRW 2,00,000 for defects until one year has passed from the time of completion of the construction work.

In addition, there is no agreement on additional construction works as asserted by the plaintiff.

The defendant and the sperm shall pay the plaintiff the remainder of the construction cost, excluding KRW 2,000,000,000.