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

1. Facts of recognition;

A. The development of AS Industry Co., Ltd. (hereinafter “AS Industry Development”) entered into a construction agreement for a reconstruction project with a new apartment on the land, such as a forest-related reconstruction association and Dobong-gu Seoul Metropolitan Government, Dobong-gu, Seoul, to newly construct an apartment, and ordered the construction to the Defendant.

B. On March 21, 2014, the Plaintiff and the Defendant established two elevator manufacture and sale contracts for elevators to be installed under the above conditions at the 304-24 site of the said construction project, namely, value-added tax (including value-added tax; hereinafter the same shall apply) at the 304-19 site of the said construction project, and the down payment of KRW 17,600,000, an intermediate payment of KRW 52,800,000, when entering into a contract, and the intermediate payment of KRW 17,60,000,000, at the time of carrying of materials, entered into a contract for manufacture and sale of elevators and installation contracts for elevators to be installed under the above conditions at the 304-24 site of the said construction project, and installed two elevators by bringing in materials at each of the above sites.

C. Since then, a promotion elevator secedes from a joint supply and demand company. On December 17, 2015, the Plaintiff was paid KRW 105,600,000, out of the intermediate payment and damages for delay from the development of the AS industry.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-6, Eul evidence 1-1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In the instant case where the Plaintiff claims part payments to the Defendant, according to the above facts of recognition, the Defendant paid the Plaintiff a total of KRW 105,60,000 ( KRW 52,800,000 x 2) intermediate payments. The Plaintiff was directly paid KRW 105,60,000 among intermediate payments and damages for delay thereof from the development of the AS industry on December 17, 2015.

Since there is no evidence that the parties have agreed to set the order of appropriation for the above subsidies differently from the order of statutory appropriation, the above subsidies are first appropriated for delay compensation for intermediate payment pursuant to Article 479 of the Civil Act.

The plaintiff.