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. Basic facts

A. On July 9, 2015, the Plaintiff and the Defendant entered into a contract for housing construction works with the Plaintiff as the contractor and the Defendant as the contractor (hereinafter “instant contract”) with the following terms and conditions (hereinafter “instant contract”); and the said construction “instant construction”; and the said housing building” (hereinafter “instant building”).

[Contract]

1. Corporation name: Housing Corporation;

2. Construction place: at the time of Incheon C; and

3. Period of construction: From July 9, 2015 to December 5, 2015 (it may be changed by mutual consent, such as Macheon, etc.)

4. Contract amount: 210,000,000 won;

5. Payment method: A (Plaintiff) shall pay the contract amount in cash in accordance with the terms and conditions of the contract, and the timing and method of payment shall be adjusted between A and B (Defendant).

(Interim omitted)

9. The rate of liquidated damages for delay shall be 3/1,000 per day on the basis of the contract amount.

[General Conditions] Article 19 (Payment of Price) (2) Contract cost shall be paid in installments according to the following methods of payment (excluding value-added tax).

(3) The amount of KRW 10,000,000 paid after completion of the civil engineering works (8/30) before the second third payment of the down payment (excluding each value-added tax), which is classified as the method of payment (excluding each value-added tax), 110,000,000,000 won among the framework construction works.

B. The Defendant is proceeding with the instant construction project under the condition that it received a total of KRW 187,00,000 from July 9, 2015 to February 29, 2016 as the construction price from the Plaintiff.

On March 14, 2016, the above construction was suspended.

(C) On June 27, 2016, the Plaintiff and the Defendant discussed whether the instant construction was resumed or resumed, etc. on or around June 27, 2016, and agreed on the resumption of construction as a result of the Defendant’s request to the Plaintiff that “additional payment of KRW 63,00,000 has been made,” and thereafter, the Plaintiff paid additional KRW 65,00,000 to the Defendant from July 5, 2016 to September 26, 2016 as the price for construction. D. The Defendant again suspended the instant construction on or around September 30, 2016 (hereinafter referred to as “second suspension”) and the Plaintiff’s normal performance of construction works or on the north of a typhoon.