1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff is a company established for the purpose of construction, interior device decoration, etc.

B. On September 2015, C, the representative of the Plaintiff, concluded a contract with the Defendant for the repair and reconstruction of 25.11 square meters of housing of cement block structure 1stm25 square meters in Sung-nam-si, Sungnam-si, Sungnam-si (hereinafter “instant construction”).

C. On October 1, 2015, the Plaintiff commenced the instant construction and completed the said construction on October 31, 2015, and the Defendant thereafter operates a restaurant with the trade name “E” in the said building.

The Defendant transferred the instant construction cost of KRW 40,000,000 to the Plaintiff on October 1, 2015, and KRW 10,000,000 on October 8, 2015, and KRW 13,000 on October 13, 2015, and KRW 40,000,000 on October 15, 2015, and KRW 15,000,000 on October 19, 2015, to the Plaintiff at the Plaintiff’s request, and paid KRW 7,38,000 in total to the instant construction-related business entity on several occasions from October 8, 2015 to November 5, 2015.

E. Meanwhile, after the completion of the instant construction project, the Plaintiff settled the total construction cost of the instant construction at KRW 61,017,00,000, and on May 18, 2016, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff sought payment of the remainder of KRW 19,848,000, excluding the total construction cost of KRW 41,169,000, which was already paid at KRW 61,017,00,000,” thereby having reached the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 4, the purport of whole pleadings

2. Summary of the parties’ assertion

A. In concluding the instant construction contract, the Plaintiff and the Defendant agreed to determine the construction cost by the method of “prepaid settlement of construction work.” Since the Plaintiff notified the Defendant of the settlement of the total construction cost of KRW 61,017,00 after the completion of the construction work, the Defendant is obliged to pay the Plaintiff KRW 19,848,00,000, excluding the amount already paid from the total construction cost, and its delay damages.

B. The defendant shall not be the plaintiff's representative C.