1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

2...

1. The reasoning of the court’s explanation on this part of the judgment on the basic facts and the main safety defense is as stated in the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the merits

A. (1) The plaintiff's assertion as to the cause of claim (1) The defendant did not pay C the construction cost of KRW 448,00,000 and its value-added tax of KRW 44,800,00 under the instant construction contract and KRW 362,45,540,610 (= KRW 448,00,000 - KRW 362,459,390) and value-added tax of KRW 44,80,000. The defendant did not pay the additional construction cost of KRW 25,00,000 as stipulated under the instant agreement, and C did not pay the construction cost of KRW 15,340,610 which was not paid by the defendant in relation to the instant construction project (= KRW 84,540,610, KRW 480,000, KRW 480,000).

Therefore, the Defendant is obligated to pay the Plaintiff the above acquisition amount of KRW 100,000,000,000, out of the bonds such as the payment of the above construction cost, etc., to the Plaintiff who acquired the above acquisition amount of KRW 100,000 from

(2) (A) The occurrence and scope of the Defendant’s obligation to pay the construction price under the instant construction contract between the Defendant and C regarding the payment obligation of the construction price shall be KRW 48,00,000 when entering into the instant construction contract, and the value-added tax thereon shall be separately paid; (c) C obtained approval for use of the instant building on February 17, 2014 after completion of the instant building; and (d) the Plaintiff acquired KRW 100,000,000 from C on January 14, 2014, among the claims such as the payment of the construction price due under the instant construction contract; and (e) the fact that the Defendant paid KRW 362,459,390 to C as the construction price in the instant case does not conflict between the parties.

According to the above facts, the defendant shall not pay C the unpaid construction price of KRW 85,540,610 = Construction price of the non-paid construction price of the case = 448,00, except in extenuating circumstances.