1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On December 23, 2009, the Defendant: (a) concluded a contract on March 3, 2010 with the construction of a new house (hereinafter “instant house”); (b) the construction cost of KRW 175 million; and (c) the scheduled completion date of the construction on March 3, 2010.

However, the completion of the above construction is delayed, and the defendant moved into the housing of this case on June 29, 2010, and the completion inspection of the above housing was completed on July 30, 2010.

The defendant paid the construction cost of KRW 146,957,810 out of KRW 175,000,000 to C, and the remaining KRW 28,042,190 was not paid on the ground that there was a defect, such as planting water in the above house.

B. Around July 2010, C subcontracted to the Plaintiff each of the construction works of the two branches, including the instant housing, with the total construction cost of KRW 1,297,00,000 among the construction works of the two branches, and the Plaintiff completed all of the construction works under the agreement, but C did not pay the construction cost.

C. On January 28, 2013, the Plaintiff received a payment order from C with respect to the claim for construction price (Ulsan District Court 2013 tea 457), and the said decision was finalized on February 16, 2013.

On December 23, 2013, the Plaintiff, based on the original copy of the above payment order, received a decision to seize and collect the claim amounting to KRW 15,327,300, out of the construction remainder claim against C against the Defendant (Ulsan District Court 2013TTT14286), and the above decision was served on the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, 8, Eul evidence Nos. 1 and 6, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is obligated to pay 15,327,300 won to the plaintiff among 28,042,190 won of the balance of the construction work not paid to C.

B. The Defendant’s assertion C did not construct the instant house as agreed upon, and the defect of the said house was repaired, and the said house was cut back by himself, so the said house cannot be deemed to have been completed, and therefore, the Defendant is not obliged to pay the construction cost.

In addition, the plaintiff will pay the subcontract price from C.