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

1. Judgment on the Defendant’s main defense

A. In this case, the plaintiff claims the payment of the construction cost against the defendant, the defendant asserts to the effect that "the plaintiff entered into a contract with Co., Ltd., other than the plaintiff, and thus, the plaintiff shall not be a legitimate party in this case and thus be dismissed.

B. In a lawsuit for performance, the standing to be a party lies in a person who asserts his/her right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists is to be proved through the deliberation of the merits (see Supreme Court Decision 2012Da20529, Aug. 22, 2013). Therefore, insofar as the Plaintiff asserts that the right to demand performance exists, and files the instant lawsuit, the Plaintiff cannot be deemed to have no standing to be a party.

Therefore, the defendant's defense of the above principal safety is without merit.

2. Judgment on the merits

A. (1) On February 10, 2014, the Plaintiff’s assertion that the cause of the claim is as follows: (a) the Plaintiff received from the Defendant on February 10, 2014 the civil construction work for construction of Class II neighborhood living facilities (hereinafter “instant civil construction work”) on the ground of Kim Jong-si and three parcels (hereinafter “instant construction site”); and (b) the Plaintiff additionally received the construction cost of KRW 235,530,00 in consideration of the characteristics of the instant construction site (excluding value-added tax); and (c) the Plaintiff received additional construction work for the construction work for the construction of Class II neighborhood living facilities (hereinafter “instant construction site”); and (d) the Plaintiff additionally received the cost, etc. for the construction work in consideration of the characteristics of the instant construction site.

(B) On September 30, 2014, the Plaintiff completed the instant civil works. As a result, the instant civil works were executed on three occasions due to cancer, etc., the Plaintiff voluntarily withdrawn a lawsuit against “the value-added tax of KRW 39,292,360 related to this part” in the trial. (i) The instant civil works amounting to KRW 392,923,60,000 (i.e., the first additional construction cost of KRW 235,530,000, the second additional construction cost of KRW 98,40,000, the second additional construction cost of KRW 31,000,000, the third additional construction cost of KRW 27,993,60).

(e).