1. Of the judgment of the court of first instance, the payment to the defendant exceeds the part ordering the payment below to the plaintiff.

1. Basic facts

A. The Plaintiff is a company that runs a construction business, and the Defendant is a person who runs a wholesale and retail business of electronic equipment in the name of “E” at Kimpo-si.

B. Conclusion 1 of each supply contract) The Plaintiff entered into a contract with the Defendant: ① on December 20, 2013, 341 each contract amounting to 347,820,000 won (including value-added tax; hereinafter the same shall apply) with respect to officetels newly constructed in Gangseo-gu Seoul Metropolitan Government Jable block by May 31, 2015.

(1) The contract under which the delivery is to be made (hereinafter “instant primary contract”)

(2) On March 2014, the Plaintiff entered into a contract with respect to officetels newly built in Gangseo-gu Seoul Metropolitan Government (OB block), 312 each of which is 312 of the contract amount of 318,240,000 won in the contract amount of 318,240,000 won by February 28, 2016 (hereinafter “instant secondary contract”).

(3) On April 2, 2015, the Plaintiff entered into a contract with 956,00,000 won of the contract for the supply of 956,00,000 won of the 1 and 2nd contracts of the instant case with respect to the apartment newly constructed to S in Sungsung City (hereinafter referred to as “the instant third contract”) by March 31, 2017, respectively, of the 956,00 won of the contract amounting to 956,00,000 won (hereinafter referred to as “the instant third contract”). In addition to the instant first and second contracts, each of the instant contracts is “the instant contract.”

(2) Each of the provisions of the instant contract relating to the instant case are as follows.

Article 6 (Substitution of Supply Model) If the supply is not possible due to the suspension of the model or the shortage of stock among the contract products under the above Article 2 as of the date of the supply, this contract shall be valid only for the products except the supply price model.

Provided, That where a substitute model is to be supplied by mutual agreement, the payment period, price, terms and conditions of payment, etc. shall be separately determined.

Article 7 (Prohibition of Supply and Quantity Outflow of Products)

1. The defendant shall supply the product after receiving the payment for the product from the plaintiff.

3 The defendant shall be FF Co., Ltd.