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

1. Facts of recognition;

A. On August 22, 2012, the Plaintiff received a contract from the Defendant for the improvement of the internal environment of the C detached Housing in Seongbuk-gu, Sungnam-si (hereinafter “instant construction”) for KRW 254,00,000. Since then, upon the Defendant’s demand, the Plaintiff changed the construction cost to KRW 313,200,000 on February 18, 2014, when the Defendant changed the said construction cost to KRW 32,00,000,000, the remainder payment of KRW 32,000 to February 26, 2014; at the time of paying the remainder, the Plaintiff set the purchase price of the defective performance guarantee insurance policy as 10% of the contract price of the instant construction (construction price).

B submitted to the Defendant (Article 17(3)), and in the event that the Plaintiff fails to perform the defect repair obligation despite the occurrence of any defect in the construction works, the “amount equivalent to the performance of the defect” was reverted to the Defendant.

(Article 17(4) and Article 17(4) of the instant construction contract is a content that does not exist under the original contract. However, the amendment thereto (hereinafter “instant construction contract”).

The plaintiff completed the construction of the instant case around September 2013, and then delivered the said C detached Housing to the defendant, and the defendant is residing in the said C detached Housing as of the date of closing argument in the trial of the party.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, 11 through 14, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant is obligated to pay the remainder of KRW 32,000,000 to the plaintiff, barring special circumstances.

B. The Defendant’s construction of this case was not completed.

Therefore, the plaintiff's remaining payment claims can not be complied with).

1) In the case of a new construction of a building, a group of the last scheduled construction processes is completed, and the main structure of the building is completed in accordance with the agreed terms, it can be said that the construction was completed. However, it is reasonable to view the remaining defects in the construction even after the incomplete construction is completed as defects subject to defect repair (see Supreme Court Decision 201Do54, May 10, 20