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

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, except for the following portions as to this part of the facts of recognition.

[Attachment] The part of the judgment of the court of first instance, 3 to 4, “Defendant E, the representative director of the Defendant Company, signed and sealed the joint contractor column individually,” is considered as follows: “Defendant E, the representative of the Defendant Company at the time, signed and sealed the joint contractor column in addition to signing and sealing the name and seal on the joint contractor column as a representative, Defendant E, the representative of the Defendant Company, as well as on the following part in the personal position.”

On the 3rd page of the first instance judgment, the part on Defendant E and F, “Defendant E and Defendant F,” shall be read as “Defendant E and Defendant F,” respectively.

Until September 2015, the part of the first instance judgment stating that “the Plaintiff paid 20,000,000 won to the Plaintiff on March 2, 2016,” the Defendants paid the full amount of the construction cost, “The Plaintiff, after suspending the instant construction work, paid the construction cost directly to the subcontractor of the said Defendants, and completed the construction work on April 26, 2016. From September 2015 to March 2, 2016, the Defendants paid KRW 60,000 to the subcontractor directly paid the construction cost. Meanwhile, the Defendants confirmed that the Plaintiff paid the full amount of the construction cost to the Plaintiff on March 2, 2016, while the construction cost was delayed due to the lack of the construction cost for any other purpose.

The confirmation letter to that effect (A evidence 2-3, hereinafter referred to as "the confirmation letter of this case") was prepared and issued."

2. Determination

A. According to the facts found above, Defendant B and Defendant Company’s claim 1) seeking the return of additional payment amounting to KRW 63.5 million based on the instant confirmation, even if Defendant B and Defendant Company received payment of KRW 180 million as the construction price from the Plaintiff, the payment was made on September 2015.