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

1. Determination as to the cause of claim

(a) The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 1, together with the purport of the entire pleadings:

1) On January 28, 2012, the Plaintiff operating a creative metal interior business, etc. with the trade name of “C” was awarded a contract from the Defendant operating the production, sale, etc. of film advertising, etc. to “B metal and glass Corporation (hereinafter “instant construction works”)” and submitted a written estimate calculated as KRW 80,00,000 (excluding value-added tax) to the Defendant. Around that time, the Plaintiff and the Defendant agreed to make a subsequent settlement of the construction cost based on KRW 80,000,000, and then the construction period was determined from January 28, 2012 to February 2012, 201, and then the contract for the instant construction works (hereinafter “instant contract”).

(2) On February 2012, the Plaintiff completed the instant construction on or around the end of February 2012. At that time, the Plaintiff and the Defendant confirmed that: (a) the increased construction amount was KRW 11,151,000; (b) the increased construction amount was KRW 4,012,000; and (c) the reduced construction amount was KRW 74,15,000 (=80,000; KRW 11,151,000; KRW 4,012,000; KRW 21,008,000; and (d) the construction amount was KRW 74,15,000 (=80,000; KRW 4,151,000; KRW 21,00-21

(3) The Defendant paid 42,350,000 won to the Plaintiff in relation to the instant construction work. However, according to the above facts of recognition, the Defendant, barring any special circumstance, paid 31,805,00 won (=74,15,000 won-42,350,000 won-450,000 won) to the Plaintiff, as well as damages for delay, even though the Defendant made a statement to the effect that the said confession was contrary to the truth and due to mistake.