1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 23, 2016, C, who is his/her father and wife, purchased cement block E, cement block structure, slive roof housing, 59.17 square meters (hereinafter “instant housing”) on October 23, 2016, and completed the registration of ownership transfer on November 1, 2016.

B. On October 23, 2016, C entrusted the overall repair work of the instant housing to the Defendant, and the Defendant prepared and delivered a written estimate to C to the effect that the total amount of KRW 18,310,000 is required for the said construction work, and that construction began thereafter.

C. C on the same day, the Defendant prepared and issued a written confirmation to the effect that “The instant house is 200,000 won per day in repairing the house, and is not fully responsible for the defects of the house. The owner C is not liable for civil and criminal liability.”

As the construction cost of the instant housing, the Plaintiff paid the Defendant KRW 3 million on October 24, 2016, KRW 5 million on October 28, 2016, KRW 5 million on December 28, 2016, KRW 5 million on November 2, 2016, KRW 6 million on November 4, 2016, and KRW 22 million on November 10, 2016.

E. On November 16, 2016, the Plaintiff and the Defendant concluded the instant housing repair work (hereinafter “instant construction work”), and agreed to pay the Plaintiff the remainder construction cost of KRW 4.4 million to the Defendant. The Defendant agreed to pay the Plaintiff KRW 4.4 million as the remainder construction cost of the instant construction work. The Plaintiff paid the Plaintiff KRW 4.4 million to the Plaintiff.

F. As the Plaintiff did not pay the construction cost, the Defendant suspended the said construction work on or around December 2016. Accordingly, the Plaintiff and the Defendant, on December 13, 2016, resumed the remaining construction work suspended and completed the construction from December 19, 2016 to December 26, 2016, and the Plaintiff paid KRW 6 million as the remaining construction cost after completion of the construction work, and either violates the said agreement.