1. Of the judgment of the court of first instance, the part of the judgment against the Defendants exceeding the money ordered to be paid below is revoked.

1. Basic facts

A. Defendant B is the owner of 121 square meters prior to Pyeongtaek-si D and 400 square meters prior to E (hereinafter “instant land”), and Defendant C is the third village of Defendant B.

B. On December 18, 2012, Defendant B filed an application for permission to construct multi-family housing (urban Residential Housing) on the instant land (hereinafter “instant construction”). On December 27, 2012, Defendant B obtained construction permission from the head of Pyeongtaek-si to Defendant B and the contractor as a large-scale construction company.

Defendant B reported the commencement of the construction on February 6, 2013.

C. On June 18, 2013, Defendant C drafted a written contract for construction as follows.

E In performing the construction of urban-type housing, the contract shall be concluded later by paying 15,000,000 won out of the down payment of 30,000,000 won.

When the construction drawings and construction works are inconsistent, they shall be liable for the suspension of construction and civil or criminal liability.

1. Contractor: Defendant C (Site Director);

2. Construction works: A plaintiff.

D. From Jun. 2013 to Aug. 2013, the Plaintiff performed part of the structural frame (from the underground floor to the third floor) of the instant construction.

[Reasons for Recognition] The facts without dispute, Gap evidence 5, Eul evidence 1, testimony of witness F of the first instance court, fact inquiry of Pyeongtaek-si of the first instance court, the purport of the whole pleadings, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Defendants, among the instant construction works, set the construction cost as KRW 435,00 per one square meter with respect to the structural construction works from the first to fifth underground, and concluded a construction contract with the intent to receive the construction cost depending on the cryptron. Accordingly, the Plaintiff performed the structural construction works. However, the Defendants did not pay the cryptron construction cost and suspended the construction work up to the third floor.

Therefore, the Defendants, among the construction cost to be paid jointly and severally as follows, shall not exceed KRW 122,725,400 as stated in the claim of KRW 93,553,382, after deducting KRW 15,000 from the construction cost already paid by the Defendant.