1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below is revoked, and that part.

1. The facts of the claim (1) around February 13, 2014, the Defendant, a construction business entity, awarded a contract to Nonparty D for construction work of 140 million won of the studio construction work on the 4th floor size of the C ground, and (2) up to May 2014, renounced the remaining construction work before completion of the entire framework construction work, the second floor slabs construction work, and the septic tank construction work; and (3) the Defendant paid D progress payment of KRW 42 million to the Plaintiff on the above construction site (hereinafter “instant construction work”); (4) the remaining construction work from the Defendant on May 13, 2014 (hereinafter “the instant construction work”); and (4) the Defendant paid KRW 132 million of the construction work price to the Plaintiff on the 1.6 billion basis, including KRW 4,000,000,000,000,000 to the Plaintiff on the 4,000,000,000 won of the instant construction work price.

2. (1) According to the above facts of finding the Plaintiff’s claim, the Plaintiff received a total of KRW 123.7 million from the Defendant, even though the Plaintiff completed the instant construction project after being awarded a contract with the Defendant for KRW 132 million, (42.0 million for the advance payment of KRW 42 million for the advance payment of KRW 19.0 million for the late payment of KRW 15.5 million for the late payment of KRW 19 million for the construction cost for the late July 8, 2014, and only KRW 3.2 million for the advance payment of KRW 4.5 million for the late payment of KRW 15.5 million for the late payment of KRW 15 million for the construction cost for the late payment of KRW 4.2 million for the advance payment of KRW 4.