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

1. Basic facts

A. The Plaintiff, a building business entity, concluded a contract under the following terms with the Defendant, a building business entity, respectively.

(1) On January 7, 2017, the Plaintiff conducted a new construction work (hereinafter “new construction work of the building of this case”) of the second floor (140 square meters, 200 square meters, 30 square meters, hereinafter “the building of this case”) on the ground C at Yangju-si, with the construction cost of 126,00,000,000 for the part of the factory of the first floor (i.e., average KRW 90,000 x 140 square meters), 48,000,000 for the construction cost of the part of the second floor (i.e., average KRW 1,60,000 x 30 square meters), 3,00,000 for the construction cost of the Wusl C (excluding value-added tax) on the construction cost of the building of this case). In the event that the Defendant installs the building of this case, the Defendant concluded a new construction contract with the remainder of 300,000 won (hereinafter “the construction cost”).

(2) On January 8, 2017, the Plaintiff entered into a contract for the removal and re-issuance of the instant construction works (hereinafter “instant removal works”) with the terms of KRW 11,420,000 (excluding value-added tax) (hereinafter “instant removal contract”).

(3) On February 3, 2017, the Plaintiff concluded a contract for the installation of a retaining wall (hereinafter “instant retaining wall contract”) with the construction cost of KRW 10,000,000 (excluding value-added tax) for the retaining wall construction (hereinafter “instant retaining wall construction”).

(hereinafter referred to as the above three works are referred to as "each of the instant works", and when referring to the above three contracts, hereinafter referred to as "each of the instant contracts"). (b)

In accordance with each of the instant contracts, the Plaintiff conducted each of the instant construction works except for the establishment of the stalves, and the establishment of the stalves was conducted by the Defendant.

C. By June 14, 2017, the Defendant paid the Plaintiff a total of KRW 184,870,000 to the Plaintiff, and instead of the Plaintiff, the Plaintiff paid KRW 6,000,000 in total to a third party and paid KRW 190,870,000 as construction cost.

[Ground of recognition] dispute.