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. Facts of recognition;

A. The Plaintiff is a company that runs the business of metal creative works, etc., and the Defendant is a company that runs the business of building and civil engineering works, etc.

B. On December 21, 2015, the Plaintiff and the Defendant concluded a subcontract construction contract (hereinafter “instant construction contract”) with the following content.

2. The name of subcontracted project: Metal, window-hos, or glass construction among the new works of duyang C;

3. The construction site: D in Yangyang-gun, Jeonnam-gun.

4. Construction period: From December 28, 2015 to June 30, 2016: 195,000,000 won (excluding value-added tax, and tax-free construction works).

C. Under the instant construction contract, the Plaintiff completed the said metal, windows, and glass construction around September 2016, and the Defendant paid the Plaintiff KRW 80 million out of the construction cost of KRW 195,000,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap 1, 4, and 7 evidence, plaintiff representative of the court of the first instance, the result of the examination of plaintiff E, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 115,00,000 (=195,00,000 - 80,000) and the damages for delay calculated at each rate of 15% per annum under the Commercial Act from October 1, 2016 to May 4, 2017, the day following the completion date of construction, which is the day of delivery of the copy of the complaint of this case, from October 1, 2016 to May 4, 2017, and from the following day to the day of full payment.

B. The summary of the Defendant’s argument that the Defendant agreed to construct all windows with balcony heading or a system construction, etc. (A) the Defendant introduced the Plaintiff from F’s G to a company eligible to receive a subcontract for the instant metal, window heading, and glass construction, and that G must install the same system heading as that installed in the F sale office. G sent the Plaintiff’s intention by sending the Plaintiff’s photograph to the F sale office, and the instant construction contract is the same.