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. Basic facts

A. On October 1, 2015, the Plaintiff entered into a contract with the Defendant to conclude a subcontract for the instant construction work (hereinafter “instant construction subcontract”) with the construction period from October 1, 2015 to December 15, 2015, wherein the Plaintiff entered into a contract with the Defendant to accept a subcontract for the instant construction work (hereinafter “instant construction contract”) from among the new construction works of the North-gu C-based land (hereinafter “instant building”).

B. The contract amount of the instant construction agreement (Evidence 1) is indicated as “the contract amount: KRW 324,918,00 in daily amount; KRW 295,380,00 in supply value; value-added tax of KRW 29,538,00 in daily amount; and KRW 29,538,00 in supply value.”

(Japan) KRW 324,918,00 = Value 295,380,000 = Value-added tax of KRW 29,538,00).

On October 29, 2015, the Plaintiff paid KRW 20,000,00 to D in charge of part of the instant construction work on behalf of the Defendant, and the Defendant paid KRW 250,890,000 out of the construction price of the instant case to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Defendant agreed to pay the instant construction cost to the Plaintiff at the time of entering into the construction agreement of this case as KRW 295,380,000 (excluding value-added tax).

Therefore, the defendant is obligated to pay to the plaintiff 295,380,000 won for the contract price of 20,000,000 won for the contract price of 222,00,000,000 won for the construction price paid to the plaintiff and 22,00,000 won for the contract price of 295,380,000 won for the plaintiff (=22,00,000 won for the contract price of 22,00,000 won for the contract price of 250,890,000 won for the remainder after deducting the contract price of 250,09,000 won for the contract price of 295,380,000 won for the plaintiff (=317,380,000 won - 250,890,000 won) and delay damages for this.

B. The Plaintiff and the Defendant agreed that the construction cost of this case to be paid by the Defendant to the Plaintiff shall be calculated on the basis of the 416 square meters total floor area of the instant building multiplied by the amount of KRW 540,000 per square meter.