1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. On June 21, 2012, the Plaintiff entered into a subcontract with the Defendant on June 21, 2012, with respect to the construction of telecommunication segment among “construction works for public-private partnership facilities in the Army (hereinafter “instant construction contract”). The construction cost of the instant case that the Defendant shall pay to the Plaintiff is KRW 18,800,000.

B. The standard construction contract prepared by the Plaintiff and the Defendant includes the following:

(1) Where it is necessary to adjust the contract amount due to the change in the terms and conditions of contract except as provided in Articles 19 and 20, the contract amount shall be adjusted according to the changed details. In this case, general management expenses and profits, etc. for the increased or decreased construction works shall be applied.

(2) In relation to paragraph (1), "B" shall not demand any change in the contract amount or refuse any construction for reasons, etc. of the terms and conditions of the contract after the conclusion of the contract, except for those specified in Articles 19 and 20.

Matters of special agreement

A. There is no special agreement related to construction (4) volume addition settlement (other than on the modification of a design on a wall);

C. The part of the instant construction contract was designed in a digital way, but the construction cost determined between the Plaintiff and the Defendant is the amount based on the time when the said part of the instant construction contract was executed by an Arabic method, rather than by digital method.

The Defendant paid the Plaintiff KRW 46,00,000 as of April 2, 2013, and paid KRW 43,500,000 in total, including KRW 3,500,000 on June 14, 2013 and KRW 43,500,000 on September 6, 2013, with the Plaintiff’s direct non-performance agreement, to Nonparty A, a subcontractor, and KRW 12,450,00 on June 14, 2013. Of the instant construction contract, the construction price for the part of the telecommunication broadcasting in the instant case, was the construction price for the part of the instant construction contract, which was KRW 20,00,000 on February 21, 2013, KRW 32,450 on the following day, including KRW 12,450,00.