1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid in the following manner shall be cancelled:

1. Basic facts

A. On May 19, 2012, the Plaintiff, a construction business operator, entered into a construction contract (hereinafter “instant contract”) with the Defendant and the Plaintiff, “D” in the name of Yeongdeungpo-gu Seoul Metropolitan Government, setting the construction cost of KRW 100 million and the construction period from May 19, 2015 to June 25, 2012, with respect to the instant construction work (hereinafter “instant construction work”). Around that time, the Plaintiff started the instant construction work.

B. From May 21, 2012 to June 25, 2012, the Defendant paid to the Plaintiff the sum of KRW 80,000,000 as the construction price of the instant case over several occasions.

C. In addition to a partial construction work on July 9, 2012, the original Defendant agreed to conclude the construction work in order for the Plaintiff to start a singing room by July 13, 2012. On July 9, 2012, the Defendant paid KRW 15 million additional construction cost to the Plaintiff.

After that, on July 23, 2012, the original Defendant again agreed (hereinafter “instant agreement”) as follows, and the Defendant paid KRW 5 million to the Plaintiff on the same day as the construction price of the instant case.

1) The Plaintiff received the construction cost of KRW 5 million from the Defendant and completed all the construction works (the interior, fire-fighting, certificate related to electrical safety inspection, and noise) until July 27, 2012. 2) The Defendant shall pay the Plaintiff the remainder of the construction cost of KRW 15 million to the Plaintiff at the time of singing practice ( August 1, 2012) upon completion of the said construction works.

3) When the original Defendant caused property loss to the other party due to the failure to perform the instant agreement, the Plaintiff shall be liable for civil and criminal liability, and the Plaintiff shall pay the same immediately after the occurrence of the defect after the instant construction work. 4) In particular, when the Plaintiff failed to complete the instant construction work by the said date, the Defendant did not raise an objection to the appointment of another construction business operator and the execution of the said construction work.

E. Thereafter, the Plaintiff’s instant case around July 27, 2012.