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, and

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 22, 2019, the Defendant, who was scheduled to run a pharmacy in the Jongno-gu Seoul Metropolitan City Market Building Store, entered into a contract with the Plaintiff and the said pharmacy’s interior work (hereinafter “instant construction work”) under which the Plaintiff will undertake construction work (hereinafter “instant contract”) by setting the construction cost of KRW 19,700,000 (excluding value-added tax). The main contents of the instant contract are as follows.

The construction period: The payment of the construction cost from February 2, 2019 to March 3, 2019: 40% of the down payment, the intermediate payment, the balance of 40%, and the balance of 1,000,000 won shall, in principle, be calculated separately when the request for work outside the estimate for payment is made after two weeks after the work.

Construction cost: 19,700,000 won for electrical construction - Electrical construction 2,300,000 won for household construction - KRW 12,680,000 for home construction - KRW 1,000 for night work - KRW 1,000 for night work - KRW 1,000 for construction work - KRW 1,798,000 for construction cost and profit 1,798,000 for total amount of KRW 19,78,000 for construction cost and profit -

B. From February 25, 2019, the Plaintiff started performing the instant construction in accordance with the instant contract, and around March 8, 2019, the Plaintiff completed the remainder of the construction except the signboard construction that the Defendant agreed to perform separately among the instant construction works. On the same day, the Defendant commenced pharmacy business.

C. Meanwhile, the Plaintiff received each payment of KRW 8,00,000,000 from the Defendant on February 22, 2019 as the instant construction cost, and KRW 5,000,000 on March 2, 2019, and KRW 3,000,00 on March 12, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 3, 5, and 6, the purport of the whole pleadings

2. The parties' assertion

A. Under the instant contract, the Plaintiff completed the remainder construction except for the signboard construction among the instant construction works, and the construction cost of KRW 5,800,000, additional night construction cost of KRW 4,800,000, additional 800,000, and the signboard design cost of KRW 200,000, in addition to the construction cost of KRW 5,80,000, in the instant construction process.

Therefore, the defendant is against the plaintiff.