1. Of the judgment of the court of first instance, the part of the judgment against the Defendants exceeding the following amount ordered to be paid is revoked.

Basic Facts

On June 14, 2013, D, the Plaintiff’s internal director, entered into a construction contract with ASEAN Co., Ltd. on the construction work that newly constructs a detached house on the E site in the event of Seopopopo-si owned by ASEAN Co., Ltd.

As the construction of the above new house was delayed for a considerable period than the scheduled date of completion of the construction of the above new house, the corporation renounced the construction on December 30, 2013.

D A. A. A. A., at the time when he waived the construction as above, ordered Defendant C to undertake the remainder of the construction of the said detached house, and at the time, Defendant C was engaged in the construction business under the name of “G” in the name of Defendant B, a type of punishment.

On January 13, 2014, the Plaintiff purchased a newly built detached house building from D and succeeded to the status of the contractor of the instant case by purchasing the said building site and a newly built detached house, and then re-established the written contract (A 1) with the Defendant C.

(hereinafter referred to as “instant contract”). In this case, the Plaintiff’s representative as a contractor, Defendant B as the contractor, and Defendant C as the agent of Defendant B, respectively (the date of the contract was written as of July 8, 2013, unlike the actual fact). The agreed construction period from January 13, 2014 to February 28, 2014, the agreed construction period is KRW 89,000 (excluding value-added tax), and the down payment is KRW 35,60,000, the intermediate payment is KRW 35,60,600, the intermediate payment is KRW 35,600,600, the intermediate payment is KRW 17,80,000, and the remainder is KRW 17,80,000.

On January 14, 2014, the Plaintiff paid 39,160,000 won for the intermediate payment, including value added tax, to Defendant C, and on April 21, 2014, the Plaintiff paid 39,160,000 won for the intermediate payment, including value added tax.

On March 2014, Jin Construction Co., Ltd., a subcontractor in ASEAN, occupied the above detached house under new construction by asserting a lien to a policeman in the middle of March 2014.

Accordingly, the Plaintiff filed an application for a temporary injunction against obstruction of construction against the Jinjin Construction Co., Ltd., but dismissed the application on July 11, 2014, the Plaintiff agreed to pay KRW 10 million to Jinjin Construction Co., Ltd. on August 25, 2014. The Jinjin Construction Co., Ltd lost possession of the said detached house around that time.

Defendant C.