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

1. Basic facts

A. On May 18, 2016, the Defendant was awarded a contract with the Seoul (hereinafter referred to as “instant building”) during the new construction of the Dongyang Comprehensive Construction Co., Ltd. (hereinafter referred to as “Dongyang Comprehensive Construction”) for the contract amount of the fire exhausters and the removal of smoke (including additional taxes) for the construction period, and the construction period from May 18, 2016 to October 31, 2016.

(B) The above contract amount was changed from October 31, 2016 to December 12, 2016 (the contract amount was changed to KRW 909,550,400 and the construction period was changed from May 18, 2016 to December 12, 2016).

On May 30, 2016, the Defendant entered into a subcontract (hereinafter referred to as “instant subcontract”) with the Plaintiff regarding the contract amount of KRW 113,300,00 (including surtax) and the construction period from May 18, 2016 to October 31, 2016 (hereinafter referred to as “instant subcontract”).

C. The instant building is completed around December 2016 and is currently in business.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 7, Eul evidence 10, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Plaintiff completed the instant construction work.

Therefore, barring any special circumstance, the defendant is obligated to pay to the plaintiff 61,80,000 won (= KRW 113,300,500 - 51,500,000) calculated by deducting 51,50,000 won from the contract price of KRW 113,30,000 as stipulated in the subcontract of this case, and damages for delay.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion 1: (a) The Plaintiff concluded the instant subcontract and proposed to the Defendant that “The Dongyang General Construction E is well known and known to it. Therefore, upon the Plaintiff’s request to the above E, it would increase the construction cost to be paid to the Defendant by the Dongyang General Construction Co., Ltd., which is KRW 50 million; and (b) the contract price of the instant contract should also be increased by 50 million by reflecting it in advance.” In response to the Defendant’s request, the instant contract is concluded.