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. On September 23, 2017, the Plaintiff, a construction business operator, entered into a contract for interior works (hereinafter “instant contract”) with the Defendant for “C Nowon-gu Seoul Metropolitan Government D” (hereinafter “instant store”) by setting the construction cost of KRW 29,700,000 (including value-added tax) and the construction period from September 21, 2017 to October 22, 2017.

B. Since then, the Plaintiff performed the interior construction of the instant store, and the Defendant currently operates the instant store.

C. On the other hand, on June 10, 2017, the Plaintiff and the Defendant concluded a contract for interior works with respect to “C Heavy Store (Secheon E; hereinafter “Secheondong Store”)”, and the Plaintiff performed the construction works.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 4 and 7

2. Summary of the parties' arguments

A. In addition to the basic construction stipulated in the instant contract, the Plaintiff and the Defendant agreed to perform additional construction works of KRW 7,700,000 for the instant store (including value-added tax), and the Plaintiff implemented additional construction works.

Therefore, the Defendant should pay to the Plaintiff the amount of KRW 12,400,000 (=29,700,000 for basic construction works - the amount of KRW 7,700,00 for additional construction works - the amount of KRW 25,00,000 paid by the Defendant) and damages for delay.

B. The Defendant’s assertion that the Defendant received money from the Plaintiff, and thus, cannot respond to the Plaintiff’s claim.

1) Although it is recognized that the Plaintiff agreed to undertake the additional construction with respect to the instant store, the agreed amount is merely KRW 4,620,000 [the construction cost = KRW 4,200,000 (the removal work KRW 1,500,000 (the removal work KRW 2,500,000), the removal work KRW 70,000), and KRW 420,000]. 2) There is a defect in the floor of the instant store constructed by the Plaintiff.

Therefore, the defendant requested repair works to the plaintiff, but the plaintiff did not comply with it and made the repair works through another construction business operator, and the cost of KRW 2,420,00 (including value-added tax) shall be included.