1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On February 25, 2015, the Plaintiff and the Defendant entered into a contract for a construction project (hereinafter referred to as “instant contract”) with the terms that the Plaintiff entered into with the Defendant for the repair work of the “J” building in Gwangju Mine-gu (hereinafter referred to as the “instant repair work”) by setting the construction cost of KRW 770,00,000 (including value-added tax) and the construction period from February 26, 2015 to April 8, 2015 (hereinafter referred to as “instant repair work”). The main contents of the instant contract are as follows.

Standard subcontract form of construction works (A evidence No. 1)

4. Period of construction: February 26, 2015, and April 8, 2015.

5. Contract amount: 700,000,000 won (excluding value-added tax);

6. Payment of the price;

(a) Advance payment: 50,000,000 won after concluding a contract; and

(c) Additional matters concerning the adjustment of price and payment 2 additional matters following a change in the design, the change in the economic situation, etc.: To complete the construction project without any additional expense for the additional portion of the contract;

11. Rate of liquidated damages: 0.1% of the contract amount; and

B. On June 10, 2015, the Plaintiff entered into a contract with a limited partnership D (hereinafter “D”) on the condition that the Plaintiff subcontracted the instant repair and waterproof construction work to D to KRW 5,00,000 for construction cost (including value-added tax). After doing so, the original Defendant and D agreed to pay the price for the painting and waterproof construction work directly to D.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 5 (including the provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for payment of construction price;

A. The Plaintiff asserts that the instant repair work was completed on July 30, 2015. The Defendant asserts that the instant repair work was completed on or around July 30, 2015. Accordingly, the Defendant asserts to the effect that the instant repair work was completed. Accordingly, we examine the completion of the instant repair work.