1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Determination as to the cause of claim

A. A. Around August 2017, the Plaintiff supplied a new house on the ground of the land owned by the Defendant (hereinafter “instant construction”) and completed the construction work on or around December 2017 (approval for use was granted on or before February 6, 2018, and registration for preservation of ownership was made on or before March 2, 2018). The Plaintiff and the Defendant determined the construction cost of the instant construction as KRW 146,00,000 (including value-added tax) as well as KRW 37,00,000 on December 12, 2017. The Plaintiff and the Defendant determined the remaining construction cost of KRW 2,00,000,000 for the Plaintiff and KRW 1,000,000 for the remaining construction cost, and the remaining construction cost of KRW 2,00,000,000 for each of the instant construction work, including KRW 1,000 or KRW 2,000,000 for each of the Defendant’s remaining construction cost.

B. According to the above facts, the defendant is obligated to pay the remaining construction cost of KRW 17 million to the plaintiff (=37 million - 20 million) and delay damages to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The assertion and determination of the remaining construction cost as to the Plaintiff’s assertion and the Defendant’s 146,00,000 won for the construction cost agreed upon by the Plaintiff and the Defendant including value-added 7,80,000,000, and the Plaintiff did not issue a tax invoice. As such, the said KRW 7,800,000 should be deducted from the total construction cost.

In addition, the Defendant paid the Plaintiff KRW 129,721,90 among the construction cost, and the Plaintiff’s unilateral payment.