1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 25, 2012, the Plaintiff entered into a contract with the Defendant for the construction of one unit of multi-family house (hereinafter “instant building”) on the land of Gwangju Mine-gu (hereinafter “instant building”) with the construction period from July 24, 2012 to October 28, 2012 (hereinafter “instant construction contract”), and began the instant construction work from around that time (hereinafter “instant construction contract”).

B. From July 25, 2012 to December 24, 2012, the Defendant paid KRW 390,000,000 to the Plaintiff out of the instant construction cost.

C. On January 25, 2013, the Plaintiff suspended the instant construction work.

On January 30, 2013, the Defendant concluded a contract for construction works with construction cost of KRW 80,000,000 with respect to the non-completion portion of the instant building and E, and thereafter, E continued to perform the remaining construction and completed the instant building.

E. Meanwhile, in relation to the instant construction project, the Defendant jointly and severally guaranteed the Plaintiff’s price for ready-mixed with Hyundai Industrial Co., Ltd., and the Plaintiff did not pay part of the price for ready-mixed. Accordingly, on August 5, 2014, the Defendant subrogated to Hyundai Industrial Co., Ltd. for KRW 18,647,530 (including delayed damages; hereinafter “Defendant’s subrogated payment”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, 8, Eul evidence 2 and 4 (each number is included; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is 89.02% as of January 25, 2013 when the Plaintiff suspended the instant construction work, and the ratio is 89.02% as of January 25, 2013, such as the result of appraisal conducted by appraiser G in the first instance trial. Therefore, the Defendant’s construction cost to be paid to the Plaintiff according to the aforementioned flag ratio is KRW 471,806,00 (i.e., construction cost of KRW 530,00,000 x 89

Therefore, the defendant paid 390,000,000 won which the defendant paid to the plaintiff at the above 471,806,000 won, and 18,647.