1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

1. Facts of recognition;

A. On November 25, 2015, the Plaintiff concluded a contract deposit with the Defendant for construction cost of KRW 13,000,000 (contract deposit of KRW 3,00,000,000, intermediate payment of KRW 7,000,000 on December 2, 2015, and intermediate payment of KRW 3,00,00,000,000, and the remainder payment of KRW 3,000,00,000 on December 8, 2015, and the remainder payment of KRW 3,00,00,000,000 on December 28, 2015, and the period of construction from November 28, 2015 to December 8, 2015, and paid KRW 3,00,000 to the Defendant for the construction contract.

B. Since then, the Plaintiff raised an objection against the Defendant that an excessive estimate of the voting (4,800,000 won) during the instant construction works had been set, and decided to reduce the amount of the construction cost (the total construction cost shall be reduced to 12,000,000 won) between the Defendant and the Defendant. Accordingly, on December 16, 2015, the Plaintiff paid 6,000,000 won (the amount that has been reduced to 1,00,000 won from the intermediate payment stipulated in the existing part payment) to the Defendant as an intermediate payment.

C. On December 2, 2015, the Defendant, among the instant construction works, suspended the passenger voting, replacement of visits, painting, painting, straw, gas pipes, and marketing construction only, without performing lighting, pressing, painting, distribution, and floor construction.

On December 31, 2015, the Plaintiff, among the instant construction works, requested another company (D) to perform the construction work of lighting, singing, painting, distribution, and floor without the Defendant’s execution, completed all of the said construction work. On January 9, 2016, the Plaintiff paid all the construction cost to the said company.

E. The Plaintiff did not comply with the horizontal plane of the main line constructed by the Defendant, and thus re-afforested the amount of KRW 503,000 at that expense.

[Ground of recognition] Facts without dispute, Gap 1-3, 5, 9, 10, 13-15 evidence (including each number; hereinafter the same shall apply) and images, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted one claim for damages equivalent to the daily rent due to the delay or discontinuance of the instant construction project. The Plaintiff is the monthly rent of KRW 500,000,000.