1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid under paragraph (2) shall be revoked.

1. Facts of recognition;

A. The Plaintiff is a person who carries on the painting business, etc. in the name of “D” registered as a business entity by Asia C.

On July 2017, the Plaintiff was awarded a contract with the Defendant for the painting construction work, such as the wall surface and outer wall of an officetel located in Gangseo-gu Seoul Metropolitan Government E (hereinafter “instant construction work”).

B. On August 8, 2017, the Plaintiff received KRW 1 million out of the construction cost from the Defendant and completed the painting construction work.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, Gap evidence 6, whole purport of oral argument

2. Assertion and determination

A. The plaintiff asserts that the contract price in this case is KRW 4.5 million, and that the equipment cost (additional construction cost) paid by the defendant to re-construction the defective part of the construction work is KRW 1.8 million, and one million out of which was paid, the defendant is obligated to pay the plaintiff the construction price in the amount of KRW 5.3 million.

The defendant asserts that the construction cost of this case was KRW 1.8 million, but the plaintiff agreed to conclude the construction cost of KRW 1 million at the end of the dispute as the plaintiff did not properly perform the construction work, and that there is no construction cost to be paid to the plaintiff.

B. The Defendant’s duty to pay the construction cost (1) The Plaintiff completed the instant construction work upon receiving a contract from the Defendant, and the Defendant is obligated to pay the construction cost to the Plaintiff.

Furthermore, it is not sufficient to recognize that the Plaintiff and the Defendant agreed to the construction cost of this case at KRW 4.5 million solely on the basis of each of the records of Gap evidence No. 1-1, Gap evidence No. 4, and Gap evidence No. 5.

However, since the defendant has agreed on the construction cost of this case as 1.8 million won, the defendant is obligated to pay to the plaintiff at least 1.8 million won after deducting the already paid construction cost of this case from 1.8 million won.

(2) The Plaintiff is the Defendant.