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

A. As to the claim for restitution, the part concerning the claim for restitution was wholly accepted and the judgment dismissing all of the claim for damages was rendered.

In this regard, since only the defendant appealed on the above cited part, this Court's judgment is limited to the above cited part.

2. Basic facts

A. The Plaintiff is a company established for the purpose of comprehensive construction business, etc., and the Defendant is a person engaged in the manufacture of concrete mixtures, building materials, etc. and construction business under the trade name “C”.

B. On September 20, 2017, the Plaintiff ordered the construction of a new neighborhood living facility in Yangju-si. On September 20, 2017, the Plaintiff subcontracted the building stones construction to the Defendant as follows (hereinafter “instant construction contract”), and paid the down payment of KRW 22 million (including value added tax).

A construction period: Payment of the price on October 20, 2017 as of September 21, 2017 as of completion on September 21, 2017: The remainder of the progress payment of KRW 20 million (excluding value-added tax) and KRW 48 million (excluding value-added tax) * The cash interest rate for liquidated damages under the terms of payment: 3/1,00 x Number of days under a special agreement for delay.

1. They shall have arrived at the site for up to 10 days after external stone work;

2. Contract amount of KRW 68 million and 20% after the arrival of the external brick site, after the commencement of the stone work.

3. Payment as the flag of outer wall and inner wall construction;

4.Their 30 per cent shall extend additional loans to banks and make immediate payments after completion of the preservation registration.

C. The instant construction project is supplied with stones suitable for the construction site and implemented using them. On October 1, 2017, the employee F of the E Co., Ltd., which was requested by the Defendant to supply stone, ordered a Chinese company to use the stone for the instant construction project. However, there is a need to change the ordered stone. On October 13, 2017, after discussing with the Plaintiff’s employee G, the Plaintiff brought in the modified stone within two weeks, and agreed to start the construction from that time (hereinafter “instant extension agreement”), and the changed stone was rescheduled to the Chinese company on October 20, 2017.

E.