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 July 14, 2012, the Plaintiff entered into a construction contract with the Defendant to conclude a new construction contract (hereinafter “instant contract”) with the content that a new construction project on the land of the Chungcheongbuk-gun C (hereinafter “instant construction project”).

The main contents of the instant contract are as follows.

The total cost of KRW 297,50,000 (excluding value-added tax) - Payment of KRW 89,250,000 for down payment - Payment of KRW 59,50,00 for the first intermediate payment of KRW 59,50,00 for the second intermediate payment of KRW 59,50,000 for the second intermediate payment of KRW 1/2 each after the date of construction and February 8, 2013 after the date of completion and after February 8, 2013, the payment of KRW 59,50,00 for the third intermediate payment of KRW 59,50,00 for the third intermediate payment of KRW 29,750 for the remainder after the completion of the wall construction (within three days) - The recipient on September 1, 2012 and on August 5, 2013 for the construction period and repair of the building (within three years after completion).

The ordering person is responsible for fulfilling the payment terms of the contract price.

may be extended or suspended at the time of default.

B. From July 20, 2012 to April 8, 2014, the Plaintiff paid the Defendant KRW 323,08,500 in total as the construction price of the instant case.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant asserted that the construction was not completed by August 5, 2013, the date of completion of the instant contract, and subsequently suspended the construction work thereafter.

On December 13, 2013 and May 7, 2014, the Plaintiff sent to the Defendant a certificate of urgeing the Defendant to complete the prompt completion of construction and repair of defects of the instant construction works, but the Defendant does not contact on the completion of construction on the ground that the construction works are not bad because the construction works are being other construction works, and is doing so.

On May 7, 2014, the Plaintiff notified the Defendant of the termination of the instant contract.

The contract of this case is governed by the law on the construction period and the repair of defects in the building.