1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The plaintiff is a corporation that operates a construction business, etc. in Yangsan City, and the defendant is a corporation that operates an indoor construction business, etc. in Busan Dong-gu D.

B. On October 17, 2014, the Plaintiff and E Co., Ltd. (hereinafter “E”) entered into a contract with F Co., Ltd. (hereinafter “F”) on setting the construction cost as KRW 12,864,39,000 with respect to the construction of Gtel (hereinafter “Gtel or officetel construction”) and the construction cost as KRW 12,864,39,000. On September 8, 2015, the Plaintiff and E Co., Ltd entered into a modified contract with H, I, and J as a joint contractor with respect to electrical construction, telecommunication, and fire fighting construction among officetels construction works.

C. On February 29, 2016, the Plaintiff and E entered into a contract with the Defendant on a set of KRW 841,647,400 with respect to the construction cost for the light-scale mold work among officetels works (hereinafter “ the light-scale mold work”). On May 15, 2016, the Plaintiff and E entered into a modified contract with the effect that the construction cost shall be reduced to KRW 540,706,650, and the construction cost shall be reduced to KRW 99,00,000.

The Plaintiff and E paid 540,706,650 won (=50,706,650, 99,000 won) out of the total amount of light-scale mold construction work to the Plaintiff, 540,706,650 won, in lieu of the payment of a part of the construction cost, when the sale rate of Gtel was low (the Plaintiff remains 50% from the beginning of 2016 to the end of 2016) and the Plaintiff and E decided to pay 540,706,650 won among the total amount of light-scale mold construction work (=540,706,650, 99,000,000 won), and the remainder of the construction cost was paid in lieu of a part of the construction cost.

E. Accordingly, the Plaintiff and E shall determine F as KRW 133,857,00 on April 17, 2017, and the payment for payment in kind with F, and KRW 133,857,00 on the condition that the Plaintiff and E shall complete the registration of ownership transfer in the future of the Defendant, the object of payment in kind, thereby having the F’s obligation to pay in kind the payment in kind for