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 June 15, 2015, the Defendant received a contract for the new construction of the instant church located in the Mapo-gu E from the Diplomatic Association (hereinafter “instant church”). On June 15, 2015, the Defendant awarded a subcontract to the Plaintiff for the construction cost of the said new construction work (hereinafter “instant construction”) as KRW 176,00,000 (including value-added tax).

B. While performing the instant construction, the Plaintiff received a request from the Defendant for additional outdoor pipeline pipeline construction (hereinafter “instant additional construction”) and sent a written estimate to the Defendant on March 12, 2016.

C. On April 11, 2016, the Defendant sent a letter of cooperation to the Plaintiff that “documents necessary for the settlement of accounts are recorded in detail and without any delay in the settlement of accounts,” upon requesting that the contract amount, the details of receipts and disbursements, the estimate of additional construction costs, and the amount determined, etc. with respect to the instant construction works and the instant additional construction works.”

Accordingly, on April 13, 2016, the Plaintiff sent a written estimate and positive report of the instant additional construction to the Defendant along with the settlement data of the instant construction project, and notified the said additional construction cost of KRW 10,300,000 (excluding value-added tax), and KRW 10,000,000 (excluding value-added tax).

On June 24, 2016, the Plaintiff asserted that the instant construction and the instant additional construction were completed on April 15, 2016, but there is no evidence to acknowledge it. Therefore, on June 24, 2016, the date of approval for the use of the instant church, the date of completion is deemed the date of completion.

The instant construction and the instant additional construction. The construction cost that the Plaintiff received from the Defendant is KRW 7,100,000 in total, including KRW 6,600,00 on July 1, 2015, KRW 16,50,000 on September 25, 2015, KRW 10,000 on November 18, 2015, and KRW 44,000,000 on February 5, 2016.

[Ground of recognition] Gap evidence Nos. 1 through 3, 11 (including branch numbers, hereinafter the same shall apply), Eul evidence No. 2, and the purport of the whole pleadings

2. Determination

A. Determination as to the cause of the claim