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. The Plaintiff is running the business of producing and constructing households, such as strings, attached houses, and strings, with the trade name of Kimpo-si C from Kimpo-si.

B. The Defendant received an order from Akiki Co., Ltd. to construct a new building E in Yangju City. On August 20, 2014, the Defendant issued a subcontract by setting the construction cost of 94,356,00 won for the construction cost of the said construction, and for the construction period from August 20, 2014 to October 20, 2014.

C. During the period from October 2, 2014 to November 6, 2014, the Plaintiff completed installation of KRW 72,50,000 for 72 households of the pertinent main complex building (i.e., KRW 312,500 x 72); and 5,652,000 for 12 households among the said 72 households, such as haloge, haloge, post-haloge, and hydroelectrice (i.e., KRW 471,00 (= KRW 198,000) + KRW 143,000 x 65,000 x 65,000 x 65,000 x 2).

The Plaintiff is a person who received KRW 9,500,000 as a down payment immediately after the conclusion of the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, 9, 10, 11, 13, and Eul evidence No. 5, the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) On October 2014, the Plaintiff ordered additional 72 households to build a cooling house. Accordingly, the Plaintiff is obligated to pay the Plaintiff the additional construction cost of KRW 28,800,000 (=400,000 x 72) up to November 12, 2014, as the Plaintiff completed the additional construction work for the cooling house, the Defendant is obligated to pay the Plaintiff the amount of 47,812,000 won unpaid construction cost (=22,50,000 12 households, including 72 households clish trucking rooms 22,50,000 : 2360,000 : 28,80,000 :9,500 - 9,500,000 - damages for delay.

(2) Defendant 1 did not conclude a contract with the Plaintiff for the installation of a cooling house (the unit price of KRW 400,000 per unit claimed by the Plaintiff is the highest amount without any base, and the unit price of KRW 14-1 through 50,000,000 is ordinarily from KRW 150,000 to KRW 20,000,000,000).