1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. On December 19, 2016, the Plaintiff entered into a contract (hereinafter “instant contract”) under which the Defendant entered into, during the construction period, a contract with the Defendant for the installation of a window fluencing of stairs, stairs waterproof, first to fourth floors (hereinafter “instant construction”) of the building of 4 stories in Jeonsi-gu, Jeonju-si (hereinafter “instant building”); and the construction cost of KRW 10 million from December 19, 2016 to December 25, 2016 (the payment of KRW 2 million on the date of the contract; the remainder of the construction payment of KRW 8 million on the date of completion of the said construction work); and completed the said construction work on January 8, 2017 (hereinafter “instant contract”).

B. On December 19, 2016, the Defendant paid KRW 2 million to the Plaintiff as the down payment of the instant contract.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of this case 8 million won and delay damages therefrom, unless there are special circumstances.

B. The Defendant’s argument 1) The main point of the Defendant’s argument was that the instant contract was concluded under the name of the Defendant, but the four owners of the first to fourth floors of the instant building, including the Defendant, who is the third floor owner of the instant building, divided the construction cost of KRW 10 million into KRW 1/4 and divided into KRW 2.5 million each (i.e., KRW 10 million ± four. The owners of the said building 1,2, and the fourth floors agreed to pay the Defendant the said share amount of KRW 2.5 million each.

However, in the event that the Plaintiff, the fourth floor owner of the instant building, did not pay the Defendant KRW 2,50,000,000,000,000, which is the D’s portion of the instant construction cost, to the Defendant, the Plaintiff agreed to accept the Defendant’s obligation to the Defendant. As such, the remainder of the construction cost of the instant construction cost should be deducted from the amount of KRW 8 million.5 million.

In addition, there are parts of non-construction and erroneous construction among the instant construction works performed by the Plaintiff.