1. The part of the request for confirmation in the application filed by an independent party intervenor shall be dismissed;

2. The defendant shall make the plaintiff 103,964.

1. Facts of recognition;

A. On December 16, 2010, X-General Construction Co., Ltd. (formerly: Co., Ltd.; hereinafter “EX-General Construction”) was awarded a contract for the construction of the two underground floors and six-story neighborhood living facilities on the ground (hereinafter “instant construction”) on the ground that the Defendant set the construction cost of KRW 2.3 billion (excluding value-added tax) from the Defendant and the construction period from December 20, 201 to April 30, 201 (hereinafter “instant construction”).

After that, on April 1, 2011, the Defendant changed the construction period of the said construction contract from April 1, 2011 to September 10, 201, set the rate of compensation for delay at 3/1,000 per day, and on January 20, 2012, extended the construction period of the said construction contract again on April 30, 2012.

In addition, on August 6, 2012, EX General Construction was awarded a contract for an additional construction with the Defendant during the instant construction period from the contract price of KRW 1.1 billion (excluding value-added tax) and the construction period from August 10, 2012 to August 30, 2012.

(hereinafter referred to as "the instant construction contract" is collectively referred to as the main construction contract and the additional contract. (b)

On July 20, 2013, this X-General Construction completed the instant building in accordance with the instant construction contract, and filed a lawsuit against the Defendant for the payment of construction price.

(2) In the first instance judgment of the first instance court, the claim for the construction cost of the instant case against the Defendant under the instant construction contract of X-General Construction was recognized as KRW 622,027,460 and the damages for delay thereof (Supreme Court Decision 2014Gahap7281 Decided February 7, 2017). Accordingly, the Defendant appealed against the instant claim for the construction payment, seizure of the instant claim, the damages for delay, and the damages for delay.

The Defendant asserted in the appellate court of the prior suit the remaining principal of the claim for the construction price of this case as KRW 447,027,460.

prior.