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. Facts of recognition;

A. On July 21, 2014, the Defendant entered into a contract for construction works with C (mutual name): (a) the building cost of the land E and the new housing construction works in Nam-gu Incheon Metropolitan City (hereinafter “instant construction works”) at KRW 320 million (excluding value-added tax) and the construction period from July 31, 2014 to October 30, 2014.

B. C continued the instant construction, and discontinued construction around the end of May 2015.

C. After the suspension of construction work by C, the Defendant continued the construction of this case on behalf of C through F who has been responsible for supervision and management of the construction site of this case.

On the other hand, while the Plaintiff was awarded a subcontract for the construction work among the structural works of this case by C, the Plaintiff was not paid the construction work price. On January 26, 2016, the Defendant drafted and issued a certificate of confirmation as follows to the Plaintiff (hereinafter “certificate of this case”).

The debtor: The debtor's creditor, the debtor, the debtor of the plaintiff, paid the remainder of the construction cost of KRW 18 million and the remainder of the construction cost of KRW 300,000 after the bank loan, and will pay the remainder of the construction cost of KRW 18,00,000 after the confirmation of the amount with the contractor (D and F).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 7-2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the construction cost of KRW 18 million to the plaintiff according to the certificate of confirmation in this case, except in extenuating circumstances.

3. Judgment on the defendant's assertion

A. Determination 1 on the non-performance of the settlement terms with the contractor 1) The defendant is obligated to pay the construction cost under the certificate of this case to C (limited to the case where the construction cost to be settled with D remains, and the defendant and C are liable to pay the price to the plaintiff.