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.

Basic Facts

On April 9, 2015, the Defendant and C agreed to sell the site for electric source housing and a new house for electric source (area 7,992m2) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the Defendant and C entered into a joint implementation and construction contract with the Defendant on April 9, 2015 (hereinafter “electric source housing contract”) by lending the name of E company.

The details of a contract for electric power resource business related to this case are as follows:

C shall pay the Defendant the purchase price of KRW 600,000 per square day to the Defendant through the purchase price.

(Article 3(2). Of the sale price, the amount exceeding 600,000 won per square shall be C's profit.

(Article 3 subparagraph 6). The defendant shall pay C the amount of KRW 200,000,000 within 30 days after the contract is concluded with the advance payment of construction costs.

(Article 3(3). The advance payment of construction costs shall be received and paid, and the loan procedure shall be held liable by C.

(Special Agreement No. 1. C. Upon receipt of an advance payment for construction costs, C shall construct and sell a building suitable for at least two parcels of the project site.

(Article 3 Subparag. 4). The project period shall be from April 20, 2015 to April 20, 2016.

(Article 3(7). If C fails to sell the land within the project period (80% of the total area), 20,000,000 won shall be offset or disposed of as compensation for delay by the land price or the settlement of construction cost, or paid by C in cash.

(Article 3(8). Where C fails to sell the above responsibilities, C shall acquire the unsold land in lots.

(Article 3(10). Where it is impracticable to perform a contract due to a fault of the contractor for more than three months, the contract may be invalidated by the defendant.

(Special Agreement No. 6). C, on April 21, 2015, borrowed KRW 130,000 from the Defendant, and drafted to the Defendant a certificate of borrowing that it would be used only as a fund related to construction of the D members of Tae-nam-gun, Chungcheongnam-gun.

On April 22, 2015, the Defendant paid C KRW 130,000,000 as an advance payment for construction costs.

The defendant around July 13, 2015.