1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. The judgment of the court of first instance is delivered to the plaintiff 4.

1. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff: (a) concluded a contract with the Defendant for the extension and repair of a building C ground (hereinafter “instant housing”) for the construction cost of KRW 36,800,000 (hereinafter “instant construction”); and (b) the Defendant paid only KRW 10 million out of the construction cost and did not pay the remainder of the construction cost; and (c) thus, the Plaintiff is obligated to pay the remainder of the construction cost.

B. The defendant's assertion and the plaintiff set the construction cost of KRW 17,00,000, and paid KRW 10,000,000 out of the price. Since the defects in the construction works executed by the plaintiff were incurred in the defect repair of KRW 6,50,000, the unpaid part of the construction cost should be reduced.

2. Determination

A. On the ground of the Plaintiff’s claim, there is no dispute over the fact that the Plaintiff and the Defendant set the construction cost as KRW 17 million between the Plaintiff and the Defendant (the Plaintiff asserted that the construction cost was KRW 17 million upon filing the instant lawsuit, and the Defendant also acknowledged it on the date of the second instance trial.

(2) Unless there exist special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 17 million for the agreed construction cost plus delay damages for the amount calculated by deducting KRW 10 million,00,000,000, which the Plaintiff paid to the Plaintiff at KRW 17 million. 2) The Plaintiff asserted that the instant construction cost was KRW 36.8 million, but it is insufficient to recognize that the Plaintiff’s confession of the agreed construction cost of KRW 17,00,000,00 for the agreed construction cost of KRW 2 and 3 as well as for the appraisal of construction cost for 17,000,000,000,000,000 for the agreed construction cost of KRW 36.8,000

In particular, the result of the appraisal and supplementation of the construction cost for the appraiser D in the case of this case was different from the result of appraisal of the appraiser in the first instance by different types, quantity, size, etc. of the materials invested in the construction of this case.