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

1. The scope of this Court’s judgment at the first instance court claimed for the payment of the remainder of the sales price pursuant to the sales contract between the plaintiff and the plaintiff, the balance of the options construction cost, the interest on the intermediate payment that the plaintiff paid on behalf of the plaintiff, the amount of subrogation, and damages for delay on each of the above amounts. The court of first instance accepted all the plaintiff’

As to this, the defendant appealed from the judgment of the court of first instance about 5 million won of principal and damages for delay.

Therefore, the scope of this court's adjudication is limited to the principal amount of five million won and damages for delay.

2. Facts below the facts of recognition may be acknowledged in accordance with the purport of Gap evidence 1 to 8 and the whole pleadings.

① On November 6, 2009, the Plaintiff entered into a contract with the Defendant for the sale of the above apartment Nos. 106 and 2502 at KRW 331,540,000 (hereinafter “instant contract for sale”) with the Jung-gu Incheon apartment project implementer, and entered into a contract for the construction of balcony expansion options with the construction cost of KRW 11,62,000 on May 30, 2010.

② According to the instant sales contract, the Plaintiff jointly and severally guaranteed an intermediate payment loan obligation of KRW 197,940,000 against the Defendant’s Korea Exchange Bank (a bank: Han Bank; hereinafter “one Bank”) and paid KRW 19,527,631 as a loan interest on the intermediate payment.

③ According to the instant sales contract and the options construction contract, the Defendant shall pay to the Plaintiff the remaining purchase price of KRW 100,610,000, the remaining purchase price of the options construction work 9,302,00, and the interest on the substitute payment by the expiration date of the occupancy period set by the Plaintiff. The overdue interest rate for the remaining sale price and the remaining price of the options construction work is 15.96% per annum.

④ Although the Plaintiff announced the Defendant on November 3, 2012 to December 31, 2012, the period of occupancy of the said apartment, the Defendant did not pay the said settlement money.

⑤ On September 30, 2013, the Plaintiff subrogated to the Han Bank a total of KRW 215,359,548, including the Defendant’s intermediate payment loans and interest in arrears.