1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

1. Facts of recognition;

A. On March 19, 2015, the Plaintiff was awarded a contract with the Defendant for the construction of a multi-family housing (hereinafter “instant multi-family housing”) that the Defendant newly built on the non-city C and 4 lots of land in Gwangju-si (hereinafter “instant multi-family housing”).

B. The Defendant paid the Plaintiff KRW 60,000,000, as the instant construction cost on March 30, 2015, KRW 15,000 on April 27, 2015, KRW 300,000 on April 30, 2015, KRW 7,000,000 on May 1, 2015, and KRW 10,000 on June 2, 2015, KRW 10,000 on June 17, 2015, and KRW 60,000,000 on September 10, 2015, and KRW 10,000 on September 18, 2015.

C. Around June 2015, the Plaintiff completed the instant construction work.

The appraiser E of the first instance court appraised the construction cost of this case in KRW 78,230,050.

(hereinafter “this case’s appraisal”). 【No dispute exists; Gap’s evidence 1 through 8; Eul’s evidence 3 and 4 (including each number); the result of the first instance court’s appraisal E; the fact inquiry about appraiser E; the purport of the entire pleadings;

2. According to the above facts finding as to the cause of claim, unless the Plaintiff specifically specified or determined the construction cost, construction period, etc. at the time of receiving the contract for the instant construction work from the Defendant, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 18,230,050 (78,230,050 - 60,000,000,000) calculated by deducting the fixed payment from KRW 78,230,00,050 as a result of the appraisal of the instant case from KRW 78,230,00 according to the appraisal of the instant case, and damages for delay.

3. Judgment on the defendant's defense, etc.

A. The Defendant’s assertion and determination of deduction, such as the payment by subrogation, etc., 1) as to the instant construction project, 1,150,000 won for material purchase and 2,610,000 won for personnel expenses, and 2,610,000 won for personnel expenses, on behalf of the Plaintiff, and 3) as the Defendant is expected to pay 1,970,000 won for credit death on behalf of the Plaintiff later, each of the above amounts should be deducted from the payment by subrogation.