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. Basic facts

A. A. Around January 2018, the Plaintiff entered into a construction contract with the Defendant, and the Plaintiff’s performance of the Rotterdam Corporation (hereinafter “instant construction contract”).

B. On March 2018, the Plaintiff suspended construction work without completing the instant construction work.

C. The Plaintiff received KRW 10,000,000, out of the construction price of the instant construction project from the Defendant.

[Ground of recognition] Facts without dispute, entry of evidence No. 2, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion presented to the original Defendant the construction cost of KRW 42,200,00 as the construction cost of the instant construction project (i.e., KRW 600,000 per square year x KRW 78 square). The Plaintiff made it difficult for the Defendant to complete the construction project at KRW 29,00,000 upon request.

Accordingly, if the defendant performs the construction work to the extent that it can be consistent with the above amount to the plaintiff, the remaining amount is that the defendant will perform.

The Plaintiff received advance payment of KRW 10,000,000,000 from the Defendant and was performing construction work. However, the Defendant demanded the reduction of construction cost from time to time without paying the remainder of KRW 19,000,000 on the ground that the loan was not made. The Plaintiff was unable to perform the construction work due to replacement of the entrance key that the Plaintiff did not comply with the said request.

As a result, Article 1-b.

The Corporation was suspended as described in paragraph (1).

Ultimately, since the Plaintiff performed most part of the instant construction work and did not perform it by reason attributable to the Defendant, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 19,00,000 and the delay damages.

B. The Defendant’s assertion did not agree to pay the Plaintiff KRW 29,00,000 as the construction price of the instant construction project.

The construction cost of the construction of this case is KRW 25,305,50 as shown in the attached Table 1, and among them, it is the construction work performed by the plaintiff.