1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of premise;

A. On September 3, 2014, the Plaintiff entered into a contract with the Defendant on the following terms (hereinafter “instant contract”) with respect to each of the land of 9520 square meters of woodland C (former parcel number D) and E (former parcel number F) forest land of 2687 square meters (hereinafter “each of the instant land”).

(1) Construction cost: 688,600,000 won (including value-added tax): Period for construction: From September 3, 2014 to June 30, 2015

B. The Defendant, among the instant civil works, continued to perform retaining walls and drainage facilities construction, and suspended construction around January 2015.

C. Meanwhile, on January 30, 2015, the Plaintiff received a loan on each of the instant land as collateral and paid KRW 450,000,000 to the Defendant as the construction price in the instant case.

On June 24, 2015, the Plaintiff sent to the Defendant a content-certified mail (hereinafter “instant content-certified mail”) stating that “In performing the instant civil works, the part to be constructed with “L-type retaining wall” according to the design drawing was not properly performed, such as constructing the said part as “a retaining wall of reinforced block” and otherwise failing to perform the obligation under the contract,” and served on the Defendant around that time.

E. The Plaintiff was indicted for violating the Management of Mountainous Districts Act and the National Land Planning and Utilization Act on the ground that it illegally filled-up and changed the form and quality of mountainous district on the land adjacent to each of the instant lands without obtaining permission for change of mountainous district conversion, and was subject to a summary order of KRW 5,00,000 from Suwon District Court on November 18, 2015, and the said summary order became final and conclusive around that time.

(C) Around November 1, 2015, the Plaintiff constructed the part to be installed as “L-type retaining wall” as “a retaining wall of reinforced soil block” differently from the original plan without changing the design, and thereby, managed the Mountainous Districts Management Act as “a retaining wall of reinforced soil block.”