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

1. Basic facts

A. On June 30, 2013, the Defendant: (a) concluded a contract on the instant construction contract for remodeling works of the C Hospital (hereinafter “instant construction contract”) with the C Hospital on August 31, 2013, setting the construction period as the period of construction with the C Hospital Construction Co., Ltd. (hereinafter “BL Construction”); and (b) agreed on March 5, 2014 to change the construction period of the instant construction contract into KRW 65,00,000, respectively, until September 15, 2013.

B. On April 3, 2014, the Plaintiff was issued a provisional attachment order of claim No. 2014Kadan622 (hereinafter “provisional attachment order of claim”) with the claim amounting to KRW 32,615,000 against the Apt Construction. The Plaintiff was served on the Defendant on April 7, 2014 with the claim amounting to KRW 32,615,00,000 for the instant construction contract (hereinafter “instant construction contract claim”). The provisional attachment order of the instant claim was served on the Defendant on April 7, 2014.

C. On June 30, 2014, the Plaintiff issued a provisional seizure and collection order (hereinafter “instant claim seizure and collection order”) with respect to KRW 32,615,00, out of KRW 66,612,832, based on an executory protocol of execution of the construction cost case of the same court as the instant case, which was the subject of the instant provisional seizure order by the same court No. 2014TT5197, Jun. 30, 2014, based on a provisional seizure order of KRW 2014,612,832, and issued a provisional seizure and collection order of KRW 33,97,832, which additionally seizes and collects the remainder of KRW 33,97,832, and served on the Defendant on July 22, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay KRW 65,00,000 to the Naart Construction in accordance with the instant construction contract, and the plaintiff received a collection order for KRW 66,612,832 among them, barring any special circumstance, the defendant is obligated to collect KRW 66,612,832 to the plaintiff.