1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 225,341,50 as well as to the plaintiff on May 2016.

1. The reasoning of the judgment of the court of first instance cited the same as that of the judgment of the court of first instance, and the reasoning of the judgment of the court of first instance, other than adding the judgment of the court of first instance as set forth in Article 420 of the Civil Procedure Act to the Defendant’s new assertion, are as follows.

2. The portion of the report shall be referred to as “appraisals” in a lump sum as “appraisals of the first instance trial.”

Under 10, two to eleven pages shall be followed by the following:

Therefore, the defendant is obligated to pay to the plaintiff 265,00,000 won remaining after deducting 39,658,500 won, for which the plaintiff was the person who was entitled to the deduction for the defendant's subrogation, from the above contract price of 265,00,000 won and damages for delay.

With respect to the scope of damages for delay, the Plaintiff claimed damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day following the delivery of a copy of the complaint of this case to the day of full payment.

However, since the construction contract of this case is terminated in the middle, and the construction cost is calculated according to the existing rate and ratio, the defendant can contest the ratio of the existing contract and the scope of the existing construction cost.

Furthermore, the fact that the Plaintiff sought payment of KRW 239,214,400 in excess of the above recognized amount in the instant complaint and damages for delay thereof, and the fact that the Plaintiff reduced the claim amount on December 26, 2017 in accordance with the appraisal of the amount of the claim on December 26, 2017 by the appraiser of the first instance trial and the appraisal of the work price, is apparent in the record, and thus, the Defendant’s dispute over it is recognized as reasonable.

Therefore, with respect to KRW 225.341,50, the Plaintiff’s claim amount, the part claiming damages for delay as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, cannot be accepted from the day following the delivery of a copy of the complaint in this case, and the copy of the complaint in this case is delivered to the Defendant.