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

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur specializing in building materials, buildings, and seals with the trade name of “C”, and the Defendant is an individual entrepreneur engaged in construction business, real estate rental business, etc. in the trade name of “D.”

B. On December 7, 2017, the Plaintiff was awarded a contract with the Defendant for the external straw ston of nuclear power plant among the new construction works of multi-family housing of Eunpyeong-gu Seoul Metropolitan Government 8rd ground-based multi-family housing (hereinafter “instant construction”) and completed the horse construction work on March 2018.

C. The Plaintiff received a total of KRW 5 million from the Defendant, on five occasions from December 11, 2017 to March 21, 2018.

On the other hand, from June 25, 2018 to the end of the same month, the Plaintiff performed an additional construction of stairs Nos. n. metric tons of the said new construction site and stairs No. 9,264,00 won (hereinafter “additional construction”). The expenses incurred in the additional construction are KRW 9,264,00.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s contract amount of the instant construction project was 76 million won and received KRW 55 million from the Defendant, and thus, the Defendant shall be paid additional construction cost of KRW 21 million. If the Plaintiff’s additional construction cost of KRW 9,264,00 is added thereto, the Defendant shall pay the Plaintiff KRW 30,264,00 and damages for delay thereof. 2) The Defendant’s contract amount of the instant construction project was the first KRW 73 million around April 2, 2018, and the additional construction cost was reduced to KRW 60,325,00 on April 2, 2018. Since the additional construction cost was between the Plaintiff and G, the Defendant is not obligated to pay additional construction cost.

The Defendant’s obligation to pay the construction price to the Plaintiff remains.

Even if the representative H (G representative director) of the creditor against the defendant fully accepts the defendant's obligation to pay the construction price to the plaintiff, the defendant's obligation to pay the construction price was extinguished.

B. 1) As to the contract amount of the instant construction project A.