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.

1. Facts of recognition;

A. On March 6, 2017, the Defendant received payment of KRW 30,00,000,00 from the Plaintiff as part of the intermediate payment on April 14, 2017, under the pretext of the contract deposit, as the total construction amount of KRW 1,530,00,000, and the scheduled date of commencement: March 15, 2017: The scheduled date of completion of the instant construction project (hereinafter “instant contract”): and the scheduled date of completion of the instant construction project: September 15, 2017 (hereinafter “the instant special contract”).

B. Meanwhile, the Defendant, on February 2017, received a notification of the suspension of business (on March 10, 2017 - May 9, 2017) pursuant to Article 82(1)8 of the Framework Act on the Construction Industry on the grounds that construction machinery loans were unpaid from the competent police authority, but did not notify the Plaintiff of such fact.

C. On April 2017, the Plaintiff, at the end of the construction works in the instant construction site, may continue to perform construction works for which a contract was concluded or a construction work commenced with permission, authorization, etc. was granted pursuant to relevant Acts and subordinate statutes before being subject to the disposition of suspension of business or cancellation of registration under Article 14 (Continuing Construction Works after being subject to a disposition of suspension of business or cancellation under Article 82, 82-2 or 83 of the Framework Act on the Construction Industry for which a notice of delay in commencement, submission of a performance bond insurance policy, or failure to suspend business was given to the Defendant twice.

The same shall also apply where construction business registration is cancelled as a result of a report on business closure under Article 20-2.

(2) A constructor or his/her general successor who has been subject to a disposition of suspension of business or of cancellation of registration under Article 82, 82-2 or 83 shall, without delay, notify the ordering person of the relevant construction works of the details of the disposition and where a constructor is a subcontractor, he/she shall notify the ordering person

The registration of construction business is cancelled as a result of a report on discontinuance of business under Article 20-2.