1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts of recognition;

A. On September 25, 2013, the Plaintiff concluded a construction contract with the Defendant and its racing-si B, and C with respect to the construction of the fourth floor building above land (hereinafter “instant construction”) with the construction cost of KRW 957,00,000.

B. The Plaintiff completed the instant construction on March 2014, and completed the construction of new buildings (hereinafter “instant building”) on May 14, 2014, the building register was prepared on May 14, 2014, and the registration of ownership preservation was completed on June 9, 2014.

C. On May 15, 2014, after the completion of the instant construction and the creation of the building ledger on the instant building, the Plaintiff and the Defendant drafted a modified contract with the content that the construction cost was changed to 625,18,726 won.

(hereinafter referred to as the “instant modified contract”) D.

From October 28, 2013 to July 23, 2014, the Defendant paid the Plaintiff KRW 454,148,726 as the construction price of the instant construction project.

Meanwhile, the Defendant directly paid the construction cost of KRW 90,778,565 in total to the Plaintiff’s subcontractor, who participated in the instant construction project, G, H, I, and J.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, 6, Eul evidence 8 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, it can be deemed that the defendant and the plaintiff agreed to settle the construction cost of the instant construction project at KRW 625,18,726 under the instant modified contract. Thus, the defendant delivered the payment order of this case to the defendant, as claimed by the plaintiff, at KRW 625,18,726, less KRW 454,148,726, which the defendant already paid to the plaintiff and the amount that the defendant would be deducted from the construction cost by direct payment to the subcontractor, from KRW 90,778,565, which the plaintiff paid to the subcontractor, and the remaining KRW 80,261,435 (=625,18,726 - 454,148,726 - 90,778,565) as claimed by the plaintiff after completion of the construction work.