1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 2014, the Plaintiff was awarded a contract with the Defendant for a construction project that newly constructs C 17 Dongs in the land B in Young-gun, Chungcheongnam-gu (hereinafter “instant new construction project”), and continued the construction project on October 6, 2014.

B. After that, the Plaintiff and the Defendant agreed on the price, etc. related to the instant new construction project, and completed the final contract on December 21, 2014 (hereinafter “instant contract”). The main contents are as follows.

The name of a construction project: The date of commencement of a new construction project (14 square meters in 2,295.66 square meters in 20: April 30, 2015: The date of completion of the project on April 30, 2015: 3,620,000,000 won (including value-added tax) (including value-added tax, December 30, 2014; 10,000,000 won; 30, Jan. 30, 2015; 27, Feb. 27, 2015; 30, Mar. 30, 2015; and 200,000,000 won each on April 30, 2015; and the remainder shall not be paid until 30,000,000 won each after completion of the project).

C. In addition, at the time of the instant contract, the Plaintiff is running another construction company with regard to the said construction project from the Defendant.

The suspended incidental civil works (hereinafter referred to as the “civil works in this case”) were awarded a contract for the construction cost of KRW 550,000,000 (including value-added tax) and by April 30, 2015.

The Plaintiff had been implementing the instant new construction works and civil construction works, but without completing each of the above construction works, agreed upon each of the above construction contracts with the Defendant on April 8, 2015.

E. The Plaintiff was paid KRW 525,00,000 as the construction cost of the instant new construction project and the civil construction project.

[Ground of recognition] Unsatisfy, Gap evidence 1 (including each number), the purport of the whole pleadings

2. Assertion and determination

A. As to the Plaintiff’s assertion of the new construction and civil construction of this case, the Plaintiff’s period of construction work is KRW 1,046,947,00 (i.e., value-added tax of KRW 951,70,000 for construction work). Thus, the Defendant’s remaining payment, excluding the period of construction work paid, is 521.