1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On September 4, 2012, the Plaintiff was awarded a contract on September 4, 2012, with the Defendant, and the Jeonnam-gun, for the construction cost of KRW 280,000,000,00 for the Defendant church cafeteria and the construction of new houses (hereinafter “instant first construction”) on the date of commencement, with the date of commencement fixed as the date of September 15, 2012 and the date of completion on November 20, 2012.

B. On November 7, 2012, the Plaintiff was awarded a contract for construction cost of KRW 120,000,000 with the Defendant church building second floor extension work (hereinafter “instant second construction work”).

C. The Defendant paid the Plaintiff KRW 380,000,000 in total as construction cost of the first and second construction works in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion did not receive KRW 20,00,000, out of the construction cost for the First and Second Works, and separately from the construction cost for the First and Second Works in the instant case, the Defendant concluded an additional contract for air-conditioning and heating construction, external construction, and finishing construction on the second floor of the Defendant church building, which is extended by the second Construction Works in the instant case. Although the heating and cooling construction cost is necessary for the completion of construction, the amount omitted in the quotation is KRW 6,913,638, and the additional construction cost is KRW 19,265,458, the Defendant should pay the Plaintiff the construction cost of KRW 71,057,278 in total.

However, as part of the Plaintiff’s non-construction cost, KRW 12,010,916, total of KRW 677,274, and defect repair cost, KRW 11,33,642, should be deducted from the amount to be paid by the Plaintiff. As such, the Defendant ought to pay to the Plaintiff KRW 59,046,362 and damages for delay.

B. The part concerning heating and cooling construction among the construction works claimed by the Plaintiff as additional construction works is included in the first and second construction works of this case, and thus cannot be said to be an additional construction work.

Therefore, the amount that the Plaintiff is obligated to receive from the Defendant is 20,000,000 won and the completion of the work.