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

1. Basic facts

A. The Plaintiff is the representative director of C Co., Ltd. (hereinafter “Nonindicted Company”).

B. On October 25, 2014, the non-party company entered into a construction contract with the Defendant to receive a contract with the construction cost of KRW 5.5 billion and the construction period from October 30, 2014 to May 30, 2015 (hereinafter “instant contract”).

C. Around November 2014, Nonparty Company continued the instant construction work, and has received construction payment from the Defendant from November 20, 2014.

On June 24, 2015, the Defendant notified the non-party company of the termination of the instant contract on the ground that “the non-party company did not complete the construction work so that the completion date may expire, and received construction payment from the Defendant, but did not pay the instant construction wage or subcontracted construction cost.”

E. On July 2, 2015, the non-party company asserted that the Defendant failed to receive the construction cost even after completion of the instant construction work, and filed a lawsuit claiming construction cost under the Sungwon District Court Sung-nam Branch 2015Gahap204218, and the Defendant also asserted that there exists any defect arising from the defective construction of the non-party company, and filed a counterclaim with the same court 2015Gahap206818.

On April 28, 2017, the above court rendered a judgment that "the defendant shall pay to the non-party company 1,276,820,236 won with 6% interest per annum from June 25, 2015 to April 28, 2017; and 15% interest per annum from the next day to the date of full payment; and the non-party company shall pay to the defendant 305,789,550 won with 5% interest per annum from November 3, 2015 to April 28, 2017; and 15% interest per annum from the next day to the date of full payment."

The non-party company and the defendant appeal all of the above judgments and are currently pending in the appellate trial.

(Seoul High Court 2017Na202972). The other is on the one hand.