1. Of the judgment of the court of first instance, the part against Defendant B, which exceeds the following amount of payment order, shall be revoked.

Basic Facts

On October 20, 2015, the Plaintiff, a construction business that concludes a construction contract, was supplied with KRW 247,500,000 from Defendant B to construct mushroom farming plants (hereinafter “FFFFF”) on the ground D in Nam-gu Incheon Metropolitan City.

(hereinafter referred to as “the first construction contract”). At the time, Defendant B paid KRW 74,250,00 of the construction price to KRW 74,250,00 of the intermediate payment to KRW 74,250,000 at the same time as the contract was concluded, subject to consultation, the remainder KRW 9,00,000 within seven days after completion.

On October 20, 2015, the Plaintiff contracted Defendant C to supply and demand KRW 247,500,000 to construct mushroom farming plants (hereinafter “2 mushroom farming plants”) on the ground of the Nam-gu Incheon, Nam-gu, Incheon (hereinafter “2 mushroom farming plants”), along with the first mushroom farming plants (hereinafter “1 mushroom farming plants”).

(2) The Defendant C paid KRW 74,250,00 of the construction price at the same time as the intermediate payment KRW 74,250,000, in consultation, within seven days after completion of construction, the remainder amount of KRW 99,00,000, in consultation.

Defendant B paid the Plaintiff the construction cost of KRW 95,00,000,000 as the construction cost on February 5, 2016, and KRW 95,00,000,000 as the total amount of KRW 50,00,00 on March 18, 2016.

Defendant C paid the Plaintiff KRW 247,50,000,000 as the construction cost on October 20, 2015, and KRW 38,500,000 on December 18, 2015, and KRW 90,000 on February 2, 2016, and KRW 9,000,000 on April 7, 2016.

In accordance with each of the instant construction contracts, the Plaintiff newly built a mushroom farming company in accordance with each of the instant construction contracts.

On June 2016, each of the instant mushroom growing companies applied for approval of use, and the competent authorities (the head of Nam-gu Incheon Metropolitan City) requested supplementation on June 24, 2016 on the ground that the sloping of the wall and the roof were built differently from the content of the building permit and the drawings of the application for approval for use.

Accordingly, the Defendants supplemented the Defendants, and on March 13, 2017, as to the mushroom cultivator No. 13, 2017.