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 October 8, 2010, the Plaintiff received a contract from the Defendants during the construction period of KRW 105,00,000, and the construction period of KRW 8,010 from October 8, 201 to January 8, 201, with respect to the civil construction works on the E, F, G, H, and I’s ground (hereinafter “instant civil construction works”).

(hereinafter “instant contract”). B.

In Article 4 of the contract of this case, the construction cost shall be compensated for the substitute property within five days after the completion of construction.

(2) The Defendants sold the instant land at KRW 70,000,000, and if the Plaintiff so requested, the Defendants set the right to collateral security of KRW 70,000 regarding the instant land at the intervals of setting up a maximum debt amount of KRW 70,00,000.

C. Article 13 of the instant contract stipulates that the Plaintiff shall pay compensation for delay equivalent to 1/100 of the contract price every day from the following day until the completion of the construction period where the Plaintiff is unable to complete the construction within the construction period.

Since then, the Defendants did not set up the right to collateral security in the name of the Plaintiff with respect to the instant land, and the Plaintiff renounced the right to collateral security for the said land, and accordingly, the construction cost under the agreement between the Plaintiff and the Defendants was changed to KRW 70,000,000.

E. Defendant D deposited KRW 20,000,000 on July 20, 2016.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 8, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. With respect to the claim for the pre-existing construction cost under the instant contract, where the contract for the construction work is rescinded halfway, the contract price to be paid by the contractor shall be calculated based on the agreed contract price, barring any special circumstances, by the method of multiplying the said contract price by its maturity and ratio.

At this time, the ratio of the work has not yet completed the details of the agreed construction work and the construction work already completed.