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

1. Basic facts

A. The Plaintiff is running the cosmetic business with the trade name of “C”, and the Defendant is operating the cosmetic Ga located in “E” (hereinafter “E cosmetic”).

B. On May 3, 2018, the Plaintiff and the Defendant entered into a contract with the Plaintiff to perform artificial art works (hereinafter “the instant construction contract”) on KRW 24 million [Attachment 40,000,000 [Attachment 40%, advance payment, 40% of intermediate payment, and 20% of the remainder payment (payment on the completion of construction)]. The Plaintiff completed construction works under the instant construction contract around June 2018.

(c)

The plaintiff is engaged in interior business without registering construction business under Article 9 (1) of the Framework Act on the Construction Industry.

[Ground for recognition] Unsatisfy, Gap evidence No. 1, and the result of inquiry into the main market in the strike by this court, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion 1) The Defendant did not pay the Plaintiff the construction cost of KRW 24 million under the instant construction contract, which is KRW 4 million.

2) In addition, the Plaintiff did the additional construction work at the request of the Defendant, and the Defendant should pay the additional construction cost of KRW 7.8 million.

B. 1) According to the facts above-mentioned foundation for the unpaid construction cost, the Defendant received payment from the Defendant among the construction cost under the instant construction contract, unless there are special circumstances to the Plaintiff.

There is an obligation to pay the unpaid construction cost of KRW 4 million, excluding the unpaid construction cost of KRW 20 million.

2) In full view of the following facts or circumstances acknowledged by the purport of the entire pleadings, the Defendant agreed to require the Plaintiff to implement additional construction work and pay KRW 1.3 million, and the Plaintiff’s completion of additional construction work.

In other cases, evidence submitted by the plaintiff is recognized.