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

1. Basic facts

A. On July 6, 2012, the Plaintiff entered into a subcontract for the instant construction work (hereinafter “instant construction contract”) with the Defendant, with respect to the steel frame construction work (hereinafter “instant construction work”) among the construction works for automobile-related facilities (maintenance factories) located outside C and two parcels of land, both weeks, for which the Defendant was awarded a contract with B (hereinafter “B”) and the construction cost of KRW 150 million, and from June 1, 2012 to July 31, 2012.

B. The Plaintiff completed the said steel frame construction within the construction period of the instant case and transferred the construction facilities to the Defendant.

C. The Defendant pointed out to the Plaintiff any defect in the construction of stairs that is different from the omission of outer walls, rooftops, etc. and the drawings, and demanded the Plaintiff to repair, but the Plaintiff failed to properly perform them. Accordingly, the Defendant directly carried out the construction cost of KRW 11,648,620 in total, and the Defendant did not pay KRW 77,00,000 out of the construction cost to the Plaintiff on this ground.

Upon completion of the whole construction contracted from B, the Defendant transferred the new building to B (hereinafter referred to as the “new building of this case”), and the registration of ownership in the building ledger was completed on November 19, 2012 in the name of B, and the registration of ownership preservation was completed on November 20, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 24, each statement and video (including branch numbers in the case of additional numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. If the construction project for a claim for basic construction cost has not completed the last process scheduled to be interrupted during the course of the project, it shall be deemed that the construction has not completed. However, if the construction is completed by the last process scheduled to be original, and its main structure has been completed as agreed and its main structure has been completed by social norms, but it is merely a defect in the object, even though the construction is completed, if it is required to make an incomplete remuneration.