1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

1. Basic facts

A. The Plaintiff and the Sejong Engineering Co., Ltd. constituted joint contractors, and the Plaintiff shared the duties of manufacturing and selling the elevator, etc., and the Sejong Engineering Co., Ltd. to take charge of installing the elevator.

B. On August 22, 2013, the Plaintiff and the Sejong Engineering Co., Ltd. entered into a contract with the Defendant to manufacture and sell up to November 12, 2013 (hereinafter “instant contract”) one elevator for eight passengers (hereinafter “instant elevator”) on the Defendant’s construction located in Seodaemun-gu Seoul, Seoul (hereinafter “instant elevator”), and the price is KRW 38,280,000 (including value-added tax), and the down payment is KRW 7,656,00,000 at the time of the contract, intermediate payment, KRW 22,968,00 at the time of carrying of materials, the remainder payment, KRW 7,656,00 at the time of carrying out of materials, and KRW 7,656,00 at the time of issuance of the certificate of inspection.

C. The Defendant paid to the Plaintiff KRW 7,656,00 on September 6, 2013, and KRW 22,968,000 on December 24, 2013. The Korea Elevator Safety Institute, an elevator inspection institution, issued an elevator inspection report from December 30, 2013 to December 29, 2014 on the term of validity of the inspection of the instant elevator.

On April 10, 2014, the SP Co., Ltd. withdrawn from a joint supply and demand organization with the consent of the Plaintiff, and the Plaintiff notified the Defendant of the withdrawal.

Meanwhile, the Defendant has used the instant elevator from July 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 5, 9 (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the remainder of KRW 7,656,000 under the contract of this case to the plaintiff, unless there are special circumstances.

B. The judgment of the defendant's assertion (1) as to the defendant's assertion was made due to the defendant's error in construction, and the plaintiff's total of KRW 6,771,000 for the first repair cost in lieu of defect repair + KRW 1,000 for the defendant's damages compensation in lieu of defect repair.