1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

1. The scope of this court’s adjudication in the first instance court rendered a claim for damages against the down payment, intermediate payment, design cost, etc. paid by the Plaintiff, and the penalty equivalent to the down payment. The court of first instance rejected the claim for damages against the down payment and intermediate payment paid by the Plaintiff in full, partly accepted the claim for damages against the design cost, and dismissed the claim for damages against the down payment equivalent to the down payment.

Since only the defendants appealed, the object of this Court's adjudication is limited to the claim for damages against the cost of down payment, intermediate payment, design cost, etc.

2. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5 and evidence Nos. 13 (including branch numbers), unless there is a dispute between the parties, or in full view of the purport of the whole pleadings.

On April 28, 2015, the Plaintiff concluded a construction contract between Defendant B and Defendant B to extend a factory of approximately 60 square meters on the ground of Gangwon-gu, Gangwon-do, the Plaintiff owned (hereinafter “instant construction site”) by July 31, 2015 (hereinafter “instant construction contract”). At the time, Defendant C jointly and severally guaranteed Defendant B’s debt related to the instant construction contract, and Defendant C actually carried out construction works by using the removed materials.

B. On April 28, 2015, the Plaintiff paid to Defendant B the sum of KRW 3 million for down payment, and KRW 7 million for the intermediate payment on April 29, 2015 and May 1, 2015, respectively. The Plaintiff paid the remainder KRW 8 million within July 30, 2015.

C. However, among about 60 square meters, a rain tent is constructed at 35 square meters, and the remaining 25 square meters are installed with the wind installed with machinery equipment equipment without a rain tent, the Plaintiff and the Defendant C are the rain.