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. The gist of the Plaintiff’s assertion is that the construction work for the parking room of the building parking lot C in Yongsan-gu, Yongsan-gu (hereinafter “the first construction work”) and the removal work for the second floor office (hereinafter “additional construction work”) have been awarded by the Defendant, and the construction work has been completed at KRW 5,739,580 in total, as the first construction work and the overall term “the instant construction work”).

However, the defendant paid only KRW 2,816,00 and did not pay the remainder of the construction cost.

Therefore, the Defendant is obliged to pay the remainder of the construction cost of KRW 2,923,580 (i.e., construction cost of KRW 5,739,580 - advance payment of KRW 2,816,00) and damages for delay from September 9, 2016, for which the Plaintiff sent text messages to the Defendant to pay the remainder of the construction cost.

2. Determination on the cause of the claim

A. In full view of each of the statements in Gap evidence Nos. 1, 2, and 6 through 9 (including a serial number), the plaintiff completed the construction work after being awarded a contract for the total construction cost of KRW 5,739,580 (i.e., the first construction cost of KRW 4,285,600 (i.e., additional construction cost of KRW 1,453,980) (the defendant is merely an evidence that there was an invitation to subscribe, and the plaintiff alleged that there was no agreement between the plaintiff and the defendant as to the construction cost. However, the plaintiff did not present any specific argument as to how the construction work was contracted by setting the construction cost of this case, and it is reasonable to determine that the construction cost of this case has been partially reduced or deducted based on the amount of the above estimate, considering the above circumstances and the fact that the plaintiff completed the construction work by receiving advance payment after sending a written estimate to the defendant).

The Plaintiff is a person who has received advance payment of KRW 2,816,00 among the construction cost of the instant case. Therefore, the Defendant, barring any special circumstance, is the Plaintiff.