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

1. The reasoning of this part concerning the determination of the basic facts and the cause of the claim is as stated in paragraphs (1) and (2) of the reasoning of the judgment of the court of first instance. Therefore, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the defendant's defense

A. The defendant's defense against C, in addition to KRW 1,607,863,20, as the person who C was entitled to deduction from the claim for the construction cost in the previous suit of this case, the defendant's defense against C, in addition to KRW 1,607,863,20,00, the defendant's claim for the construction cost of this case, as follows: ① food repair cost of KRW 78,720,40, ② defect repair cost of KRW 59,851,700, the amount of advance indemnity pursuant to the payment guarantee of subcontract payment, ④ direct payment amount of KRW 47,323,547, ⑤ large interest of KRW 37,036,797, which is set up against C's claim for the construction cost of this case and the above claim of KRW 47,323,547, and

Specific arguments of set-off are as follows.

① During the construction period, the Defendant provided the individual department C with meals equivalent to KRW 56,412,272, and C, in return, did not comply with the agreement to perform the construction of elevators or connecting bridges.

The defendant shall hold a claim equivalent to the amount of KRW 67,100,000 for the cost of installing elevators.

② Since there exist defects in defective construction or non-construction, the instant construction works have a claim for damages equivalent to KRW 78,720,440 of the defect repair cost.

③ The Defendant paid the payment guarantee for the construction price to the subcontractor C, and C recognized only a part of them and deducted.

The Defendant asserted that the remaining amount of payment guarantee was KRW 59,851,700 in the previous suit of this case and the instant suit of this case, and claimed that the last amount was KRW 59,851,700 in the preparatory brief dated February 10, 2017.

There is a prior right to indemnity.

④ The Defendant paid the construction price directly to C’s subcontractor, and C was only a part of them.

The defendant is not the defendant.