1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 4, and 5, Eul evidence Nos. 1 to 5, and 13 (if there are serial numbers, including the whole number; hereinafter the same shall apply), and the testimony and the whole purport of pleadings by witnesses B of the first instance trial.

Hyundai Cement Co., Ltd. (hereinafter referred to as "Modern Cement") ordered the entire construction work of this case (hereinafter referred to as "the entire construction work of this case") to be installed in the line No. 3 at the mix, Madre Cement, Madropo-si, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Madropo-gun, acropo-ro, which is installed in the line No. 3 at the mix.

B. On November 1, 2010, the Plaintiff, the Defendant, and the Gold Construction Co., Ltd. (hereinafter “gold Construction”) concluded a business partnership agreement with the effect that “after receiving orders from the entire construction of this case jointly, engineering and drones during the construction of the entire construction, manufacturing of machinery and equipment, field management, and trial run, the Plaintiff, the Iron Construction Co., Ltd., (hereinafter “instant agreement”), the Plaintiff, and the Defendant, a qualified bidder, participated in the bidding of the construction project under the name of the Defendant, who is eligible to participate in the bid.

C. On December 15, 2010, the Defendant awarded a contract for the entire construction of the instant case in KRW 2,780,000,000, and received a contract for the said construction from Hyundai Cement in KRW 2,750,000 from March 2, 2011.

The Defendant entered into a construction contract (hereinafter “instant subcontract”) with the Plaintiff on May 6, 201 with the purport that, between the Plaintiff and the Plaintiff, the Plaintiff would make the manufacturing of the machinery and equipment (hereinafter “the instant construction”) among the entire construction works in the instant case (hereinafter “instant construction works”), the construction cost of KRW 950,00,000 (excluding value-added tax), and the construction period from May 6, 201 to December 30, 201, and the Plaintiff would make a subcontract with the Plaintiff for the period from May 6, 2011 to December 30, 201 (hereinafter “instant subcontract”). In the event that the Plaintiff delayed the completion of the instant construction works, the Defendant would promptly make 1.5/100 of the total construction cost per day with respect to the total