1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 116,846,50 and the above 72,046.

1. Basic facts

A. On December 6, 2013, the Plaintiff entered into a contract with the Defendant to pay the Defendant KRW 24,500,000 for the construction period from December 10, 2013 to February 20, 2014, the construction cost of KRW 245,00,000 for the first installment payment, KRW 98,000 for the second installment payment, KRW 98,000 for the second installment payment, KRW 98,00 for the second installment payment, KRW 50,00 for the second installment payment, and KRW 24,50,00 for the remainder after the completion of the steel framed, within ten days after the completion of the construction (hereinafter “instant construction contract,” and the contract (Evidence A).

Transfer to an account in the name of the Defendant on December 25, 2013 (original) method: 10,000,000 C transfer to the account in the name of the Defendant on December 26, 2013; 14,00,000,000; 201. “The primary e.g., transfer to an account in the name of the Defendant on January 3, 2014.” On March 28, 2014, remittance to an account in the name of the Defendant on April 6, 2014; 200,000,000 C transfer to an account in the name of the Defendant under the name of the Defendant on April 7, 2014; 20,000 C transfer to the account in the name of the Defendant on April 8, 2014; 20,000,0000,50,000, aggregate of 20,007,207

B. From December 25, 2013 to May 2, 2014, the Plaintiff paid the construction cost of KRW 228,773,000 in total on seven occasions by remitting it to a deposit account in the name of the Defendant or the Defendant’s Joint Defendant C (hereinafter “C”) (hereinafter “C”).

C. On December 24, 2013, the Defendant commenced the instant construction project and suspended the construction upon the Plaintiff’s request for the suspension of construction due to the issue of land-only permission around January 15, 2014. After that, the construction was resumed on January 29, 2014, but the construction was resumed on or around February 22, 2014.

On December 10, 2014, the Plaintiff requested the Defendant to resume construction several times, but the Corporation did not proceed, the Defendant and C filed a complaint against the Defendant and C on the charge of fraud at the office of the Suwon District Prosecutors' Office.

After the filing of the instant lawsuit, the Defendant completed the instant construction work on January 6, 2015 to the Plaintiff by January 30, 2015, and completed the approval for use on February 15, 2015.