1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 29, 2014, the Plaintiff (the trade name was changed as of December 12, 2014) entered into a construction contract with the Defendant (the trade name was changed as of March 7, 2016, but it was changed as of March 7, 2016) on the second and fifth underground floors of the building on the ground of Busan Shipping Daegu and three lots of land (hereinafter “instant real estate”) (hereinafter “instant building”); the construction work for constructing the main night center on the instant real estate; the construction work for constructing the main night center on the instant real estate at KRW 50,494,581; and the construction work cost for December 19, 2014 (hereinafter “instant construction contract”).

B. The Plaintiff and the Defendant modified the terms of the instant construction contract on three occasions as follows.

On December 19, 2014 (hereinafter “instant primary change”): The date of completion of the existing project shall be extended to January 30, 2016. On August 31, 2015 (hereinafter “instant secondary change”): The amount of the existing construction cost shall be increased to KRW 639,794,581, Nov. 25, 2015 (hereinafter “instant third change”): The date of completion of the primary project shall be extended to March 15, 2016.

The instant first change contract was concluded in the name of D, which was the representative director of the Defendant, and D died on September 11, 2015.

The instant 2 and 3 modified contracts were concluded in the name of E, who was appointed on November 5, 2015, following the Defendant’s representative director D. D.

Meanwhile, around June 2015, the Plaintiff received a contract from the Defendant for construction of a parking zone on the instant real estate ground and the replacement of the elevator of the instant building (hereinafter “instant large-scale repair”) with the construction cost of KRW 561,00,000, and the construction period from July 1, 2015 to October 31, 2015.

E. The Plaintiff completed the instant construction upon obtaining approval for use on June 28, 2016. Among them, the fire-fighting system construction is completed on May 11, 2016 by Dong Civil Engineering Co., Ltd. (hereinafter “Dong Civil Engineering”) and Busan Metropolitan City.