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The judgment of the first instance shall be revoked.
All of the plaintiff's claims are dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. On October 23, 2017, the Defendant concluded a contract with the Plaintiff on October 23, 2017, with the cost of construction 1210,000 won (excluding value-added tax) of the instant detached house construction work (hereinafter “instant detached house” and “instant new construction work”).
B. The Defendant awarded a contract to Nonparty E (F) for the repair work of the D-ground building abutting on the instant detached house (hereinafter “the instant building”) and its repair work.
C. F requested the Plaintiff to issue a tax invoice equivalent to KRW 63,658,365 of the price of the instant repair project, and the Plaintiff and the Defendant added KRW 69,000,000 to the instant repair project cost, the Plaintiff and the Defendant drafted a new construction project contract (Evidence 2) on October 23, 2017, in addition to the amount of KRW 69,000,000,000 for the instant repair project cost.
The Defendant paid KRW 50 million to the Plaintiff on October 24, 2017, KRW 50 million, KRW 50 million on November 14, 2017, KRW 90 million on December 28, 2017, and KRW 200 million on March 23, 2018.
Meanwhile, until November 13, 2017, the Defendant paid 63,658,365 won in total to F, either directly or on behalf of F, as the price for the instant repair work.
E. The Plaintiff returned to the Defendant the total of KRW 60 million on January 6, 2018, KRW 30 million, KRW 15,000 on January 15, 2018, and KRW 60 million on March 1, 2018.
F. On January 17, 2018, upon filing an application for approval for use of the instant detached house, the use of the building was approved on January 30, 2018, and on March 15, 2019, it was indicated as a non-compliant building on the building management ledger on the ground that the use of the instant detached house was changed to resting restaurants without permission.
[Ground of recognition] Gap's evidence 1, 2, 5, 6, Eul's evidence 1 to 7, the fact-finding results against the head of Seoan-si in Boan-si, and the purport of the whole pleadings
2. The plaintiff's assertion includes the cost of the repair work of this case at the defendant's request.