1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Basic Facts

The Plaintiff is a company that received a contract for construction works from the Defendant while running the construction business, etc., and the Defendant is a company that contracted the construction works to the Plaintiff while running the housing construction business, the housing and the commercial building construction business.

On July 4, 2017, the Plaintiff entered into a construction contract with the Defendant for construction work (hereinafter “instant construction contract”) with the content that the Plaintiff was awarded a contract with the Defendant for construction work for urban-type residential housing (hereinafter “instant construction work”) on three parcels, including the Hagu-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Seoul (hereinafter “instant building”) for the construction work cost of KRW 1,816,300,000 (in addition to value-added tax, KRW 1,991,300,000 on December 5, 2017). From July 10, 2017 to March 31, 2018, with the construction period of KRW 1/100 (hereinafter “instant construction contract”).

The instant construction includes a housing construction project with a size of national housing smaller than 85 square meters under the Housing Act subject to value-added tax exemption (hereinafter “instant tax exemption part”) and a commercial building construction project not subject to value-added tax exemption (hereinafter “instant tax exemption part”).

On April 11, 2018, the Plaintiff filed an application for approval for the use of the instant building with the head of Seo-gu Gun on April 2018, and obtained the approval for use on April 20, 2018.

The Plaintiff received a total of KRW 1,60,000 from July 21, 2017 to April 2, 2018 from the Defendant directly or directly by means of a direct payment to the subcontractor.

[Ground of recognition] A without dispute, Gap evidence 2, 3, 6 (including a branch number; hereinafter the same shall apply), Eul evidence 20, and Eul evidence 20, the plaintiff asserted the purport of the whole pleadings, and the plaintiff's assertion that the construction of this case was completed by being awarded a contract with the defendant and the additional construction was completed in accordance with the agreement with the defendant. Thus, the defendant is obligated to pay the plaintiff the sum of KRW 2,012,83,000 for the original construction cost and KRW 21,583,00 for the additional construction cost.

The Plaintiff and the Defendant have entered into the instant construction contract.