Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

1. Basic facts

A. On October 27, 2016, the Defendant concluded a contract with the Plaintiff for construction period of KRW 1,182,400,000 with respect to the construction work of the Donam-gun C building (hereinafter “instant building”) (hereinafter “instant construction work”) from November 1, 2016 to April 30, 2017. On October 31, 2017, the Defendant changed the construction period from November 25, 2016 to December 15, 2017 into KRW 1,15,100 (hereinafter “instant construction work price”).

B. The Plaintiff completed the instant construction on or around the end of December 2017, and the Defendant agreed to pay the Plaintiff KRW 200 million to the first settlement of the amount of the instant construction up to January 31, 2018 (hereinafter “instant first payment agreement”) with respect to the instant construction, and the Plaintiff agreed to pay the Plaintiff KRW 200 million by January 31, 2018 (hereinafter “instant payment note”); ② the amount of the second claim is directly paid by the subcontractor by January 31, 2018; and ② the amount of the second claim is to be paid by the first owner to be directly treated by the subcontractor by January 31, 2018.

(hereinafter referred to as "the second payment agreement of this case" and each statement stating its contents is referred to as "the separate statement of this case") / [the grounds for recognition] Gap evidence 1 and 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The parties' assertion

A. On December 11, 2017, the Plaintiff and the Defendant agreed to pay KRW 200 million to the Plaintiff by January 31, 2018, and the remainder of the construction cost agreed to be settled with the Plaintiff after the Defendant paid the subcontractor the payment.

Even if there is a subcontract price paid by the Defendant before or after the transfer of each of the instant payment arrangements, it shall be deducted from the amount of the instant secondary payment agreements, and it shall not be deducted from KRW 200,000,000,000 for the first settlement of the amount of the instant primary payment agreements.

The defendant shall pay to the plaintiff KRW 200 million and damages for delay in accordance with the instant payment agreement.