1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Article 2 of the Construction Contract Act (Payment of Construction Price) provides that the Plaintiff shall pay the construction price to the Defendant as follows:

Advance Payment: The first progress payment for the construction work in the amount of KRW 65,00,000 which corresponds to 50% of the construction cost: the completion payment for the construction work in the amount of KRW 30,000,000 when 70% of the construction cost has been performed (the completion payment for the construction work in the separate construction work and the complete publication of outer walls): the completion payment for the construction work in the amount of KRW 20,00,000 at the time of completion of the construction work (including landscaping work, etc.) at the time of completion of 90% of the construction work (including landscaping work, etc.) at the time of completion of the construction work: the defendant shall perform the construction work in the form of the concrete stuff, etc. not included in the quotation (the pre-payment), the fence and landscaping, and the external lighting, waste disposal, and concrete stuff for the installation of signboards.

Provided, That the defendant shall carry out construction work with the plaintiff, and the construction cost shall be borne by the plaintiff.

Written estimate - Amount of net construction cost of KRW 127,801,00, total estimated amount of KRW 146,970,000, including value-added tax, - Other separate construction works than estimate

1. Preparation of fences, landscaping, and surrounding areas;

2.The gas station and the office;

3. Electricity enlargement;

4. Air conditioners - Specific estimates of construction works shall be as shown in the Schedule.

On April 3, 2013, the Plaintiff entered into a construction contract with the Defendant for the following construction periods from April 3, 2013 to May 20, 2013, with respect to the repair and new construction works of the building C on the Government-si, with the construction cost of KRW 135,00,000 (excluding value-added tax).

(hereinafter referred to as “the instant construction work” under Article 6 of the Construction Contract, and the remainder of the construction work except for the estimated construction work.

The Plaintiff paid KRW 102,450,000 to the Defendant on April 3, 2013, KRW 15,000,000, KRW 15,037,820 on April 20, 2013, KRW 7,362,440 on April 26, 2013, KRW 5,049, KRW 766 on May 31, 2013, KRW 102,450,026 on June 5, 2013.

C. The Defendant commenced construction since the date of entering into the instant construction contract.

The defendant has been also performing part of the construction works of new bonds among the instant construction works, but on March 2013.