1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

1. The facts of recognition B, with the trade name “C”, was engaged in the air-conditioning facility construction business, and was comprehensively transferred the assets of the above company on August 5, 2010, thereby establishing the Plaintiff Company.

The Defendant awarded a contract for the construction of a new D University Egymnasium, among the construction of D University Egymnasium, and on March 2, 2009, the part of the construction of a heating and cooling machine as “the contracted items and quantity: 20 units for GHP indoors (including value added tax per one unit), 3 units for GHP indoors, 11,60,000 won: 11,60,000 won.”

(hereinafter “The primary construction work”). On June 9, 2009, Party B and the Defendant’s employees E drafted a two-minute contract for the installation of heating and cooling machine supply (hereinafter “second-minute contract”) with “103 indoors of GHP (including value added tax, 60,000 won per unit), 14 out-of-the-counters of GHP, 67,980,000 won: 67,000 won.”

There was a conflict of opinions between B and the Defendant on whether the Defendant properly pays the construction cost, and whether B voluntarily raised the construction cost and reduced the scope of construction work. Accordingly, B suspended construction from October 2009, and thereafter, the Defendant continued the remaining construction work.

B on August 20, 2010, transferred to the Plaintiff the claim for the remainder of the second construction works, and sent the assignment of the claim to the Defendant on March 20, 2012 by content-certified mail and served around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 5, 6, and 8 (including branch numbers in case of additional number), testimony of witness F of the first instance court and purport of the whole pleadings

2. Determination as to the cause of claim

A. (1) Determination as to the contract amount of the primary construction project: (a) Fact that the contract amount of the primary construction project was 11,660,000; and (b) fact that the contract amount of the secondary construction project was 102 indoors (one reduction compared to the contract amount) is no dispute between the parties concerned; (b) whether there was an agreement between B and the Defendant that the contract amount of the secondary construction project was 67,980,000 won.