Of the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked, and such revocation shall be revoked.

1. Basic facts

A. On July 26, 2017, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “C”) to obtain a subcontract by setting the construction period as KRW 1,046,732,705 from July 26, 2017 to June 30, 2018.

B. On October 2, 2017, the Plaintiff and the Defendant agreed to re-subcontract the construction to the Defendant with respect to the labor part during the instant provincial construction work, and concluded a construction contract with the following contents (hereinafter “instant construction contract”).

- Construction period: Amount of contract from October 20, 2017 to May 20, 2018 - Amount of contract: 328,900,000 won - Details of construction: The unit price of KRW 13,000 per square meter for the instant apartment units of 802 households, area of 25,301 square meters:

C. On April 6, 2018, the Plaintiff concluded a construction contract with L and the instant construction contract under the following terms and conditions (hereinafter “additional construction contract”).

Construction period: Contract amount from April 6, 2018: 148,900,000 won: 324 households, size 9,933 square meters of the instant apartment: 15,000 won per square year.

D. Among the details of the instant construction contract, the Defendant did not start the construction work on the H Dong or F Dong (No. 15,368 square meters) of the instant apartment among the details of the instant construction contract, and did not start the construction work on the remainder.

One Part L, among the apartment buildings of this case for which the defendant did not commence according to the additional construction contract, was built as a Do to E-dong, I Dong and G Dong (total 9,933 square meters).

E. On June 4, 2018, the Plaintiff sent to the Defendant a certificate of content that the instant construction contract is terminated as of June 1, 2018 on the ground that the Defendant did not perform his/her obligation.

F. On June 21, 2018, the Plaintiff drafted a payment note with the Defendant (hereinafter “instant payment note”) as follows.

The construction cost of the instant construction contract is KRW 199,700,000.

On June 21, 2018, the Plaintiff paid KRW 159,998,00 to the Defendant as of June 21, 2018.