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.

Facts of recognition

On November 26, 2015, C apartment housing (hereinafter referred to as “C apartment housing”) concluded a sales contract with the Defendant (mutual name: H; hereinafter the Defendant’s father I represented for all acts) for the removal and recovery of multi-family housing.

The content of the contract should be removed by the Defendant by December 28, 2015 from a majority of the ground E apartment model units outside Gwangju City by December 28, 2015 and restore the site to its original state (including septic tanks and pents removal, concrete removal of parking lots and roads, floor flating work, waste disposal). The Defendant purchased construction materials removed in the process, and in return, the Plaintiff shall pay KRW 13 million (excluding additional tax) to the Plaintiff.

(hereinafter “instant construction contract”). After entering into the said contract, the Defendant paid KRW 13 million to C Housing and started the removal work.

However, in the process of removal, asbestos, etc., which were concealed in the partitions inside the model house, were newly discovered, the defendant demanded additional costs for waste treatment and suspended construction.

On January 8, 2016, the Plaintiff and the Defendant agreed to promptly complete the remainder construction instead of returning 13 million won from the recovered materials that the Plaintiff received.

Accordingly, the Defendant, upon receiving KRW 13 million from the Plaintiff, prepared a letter of performance (Evidence A No. 16) stating that “The Defendant shall receive KRW 13 million and promised to complete the removal and removal of wastes and septic tanks at the site of the removal of the said model, and the removal and removal to some sections.”

(hereinafter referred to as “the instant finishing construction agreement.” On January 12, 2016, the Plaintiff paid KRW 3 million to the Defendant, but demanded the Defendant to perform part of the construction work, and did not pay the remainder. The Defendant demanded the payment of the remainder and did not perform the construction work on the spot.