1. Of the judgment of the first instance, the part of the judgment against the Plaintiff ordering payment is revoked.

2. The defendant.

1. The judgment on the cause of the claim is that the plaintiff contracted to the defendant in 2014 and 2015 for the repair of building defects, H, I, J, K, L, M, N, N and O care center with a total of 61,47,13 won, and completed and delivered each of the above construction works to the defendant. The plaintiff received only KRW 51,901,318 from the defendant as the construction price for each of the above construction works. Since there is no dispute between the parties that the plaintiff received only the total of 51,901,318 won from the defendant, the defendant is liable to pay 9,545,795 won (=61,47, 113-51, 901, 318 won) and damages for delay calculated on January 20, 2017 through the day following the date on which the certified copy of the execution recommendation decision of this case was served to the defendant for the period of 15% per annum of this case.

2. Thus, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claim shall be dismissed as it is without merit.

Since the judgment of the court of first instance is unfair in part of its conclusion with different conclusions, part of the plaintiff's appeal is accepted, and the part against the plaintiff corresponding to the above recognition amount among the judgment of the court of first instance is revoked, and the defendant is ordered to pay the above recognition amount. The remaining appeal of the plaintiff is dismissed as it