1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

1. Basic facts

A. On March 2014, the Defendant awarded a contract to B for the construction project to construct a pen (hereinafter “instant construction project”) on the land outside the Incheon-gun, Incheon-gun, and the land surface E of the Incheon-gun (hereinafter “instant construction”) for KRW 899,800,000 (including value-added tax).

After that, on April 28, 2014, the Plaintiff was established as the representative director B, and around that time, the contractor of the instant construction changed to the Plaintiff.

B. On May 25, 2014, at the Plaintiff’s request, the Defendant completed the registration of ownership transfer in the name of F, G, H, and I (part of shares) with respect to land D, D, K, L, M, I (part of shares) (hereinafter “instant substitute land”) in the direction of J, D, K, L, M, and I (part of shares) in the future.

C. On February 3, 2015, a written agreement on construction division (Evidence 4-1 of the Evidence A) between the Won and the Defendant to reduce the instant construction cost of KRW 396,80,000 between the Defendant, and a written agreement on other accounts (Evidence 4-2 of the Evidence A) by embodying the content thereof.

(hereinafter referred to as “this case’s other settlement agreement”) between the Defendant and the Defendant. The main contents of the other settlement agreement are as follows:

2. “B” confirms that all the above construction costs have been included from the commencement of the construction to the settlement of accounts, and in the future, “A (Defendant)” and “B” do not raise any objection under the Construction Business Act and the Subcontract Act, including civil and criminal.

5. On five parcels, other than 7 parcels, which have been settled at the accounts of accounts, a registration shall be made, without any condition, to a person designated by "A" or "A" by the end of May 2015.

Provided, That if "A" becomes aware of the transfer of name by the end of May, he/she shall waive the substitute land and cancel the provisional registration.

6.The interest rate on a loan of substitute land from the time of other agreements shall be the responsibility of "A".

8.In the event of other agreement, provisional registration shall be made in the name of "A" for the land of the substitute in paragraph 5.

9.The amount of other agreement shall be KRW 40 million per day and shall be paid KRW 20 million on the date of agreement.