1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

1. Basic facts

A. (1) On March 22, 2013, the Plaintiff entered into the instant construction contract (hereinafter “instant construction contract”) with Defendant B, who newly built a multi-family house on the Jeju Northern-gu D ground (hereinafter “instant construction project”).

) A contract was awarded to the Plaintiff (hereinafter “instant contract for construction”)

(2) The main contents of the instant construction contract are as follows. Defendant C guaranteed Defendant B’s debt under the instant construction contract.

The standard contract date for private construction works - The scheduled date of April 2013 after the building permit: The scheduled date of completion: 120 days from the date of commencement (the contract period for construction works: 120 days): the contract amount: 240 million won: 50 million won: - the compensation rate for delay: the special agreement - the rate of 3/1000 - the cost of water supply and sewerage, the cost of water supply and drainage, the cost of telecommunications approval, the cost of urban gas inducement: the cost of the contractor - the cost of construction to the first floor, and the cost of each household sturk: the

B. Defendant B commenced the instant construction project on April 19, 2013. Defendant B suspended the instant construction project on or around June 29, 2013 due to the dispute over the construction cost during the construction process. (ii) The Plaintiff requested Defendant B to resume the instant construction project on August 1, 2013, and provided that the Plaintiff expressed his/her intent to terminate the instant construction contract if the instant construction project was not completed within the contract period.

However, Defendant B did not resume the instant construction.

3) Accordingly, the Plaintiff directly operated the instant construction and completed the instant construction on or after the end of October 2013. (c) The Plaintiff paid Defendant B the sum of KRW 200,000,000 as the construction cost of the instant case from March 23, 2013 to June 28, 2013. [In the absence of dispute over the grounds for recognition, the Plaintiff paid KRW 200,000,00 as the construction cost of the instant case]

2. The parties' assertion

A. Plaintiff 1) The ratio of the period of sexual intercourse at the time when Defendant B ceased the instant construction work is 60%, and its price is 144,000,000 won (=240,000,000 x 0.6). Thus, the Plaintiff paid more than 56,000 won (=200,000 - 14,0000 - 144,000,000). In addition, the number of the above Defendant’s construction days = 48 days agreed upon.