1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

1. Scope of adjudication of this court;

A. In the first instance court, the Plaintiff claimed that the Defendant pay 400,000,000 won and damages for delay thereof, and the first instance court ordered the Defendant to pay 80,000,000 won and damages for delay to the Plaintiff by accepting part of the Plaintiff’s claim (the second preliminary claim).

B. As to the judgment of the first instance, only the Plaintiff filed an appeal, and only the Plaintiff sought payment of KRW 400,000,000 and delay damages therefrom by modifying the judgment of the first instance.

C. On July 28, 2016, the Plaintiff sought reimbursement of the principal and interest that the first instance court ordered payment from the Defendant, and payment of the remainder of 320,000,000 won and damages for delay other than the said principal and interest, and reduced the purport of the claim and appeal.

If there are such circumstances, the reduced portion of the claim shall be deemed to have been withdrawn, and the remaining portion of the claim that remains after the reduction is the scope of the trial in this Court.

2. The court's explanation concerning this part of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or deletion as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Attachment] Of the 8th judgment of the first instance, the remainder of KRW 320,00,000,000, the Defendant paid out of KRW 400,000 in accordance with the judgment of the first instance, excluding KRW 80,000,000, which is the remainder of KRW 400,000.

The first instance court’s 11th and 10th and the 110th and 10th and the 5th and the 5th and the 11th and the 10th and the 10th and the 5th and the

【Descked portion】

The part on “the preliminary argument” and “4. Conclusion” are deleted from the part on “the preliminary argument” (Articles 10 to 15, 12, and 13, respectively).

3. If so, the part of the judgment of the court of first instance concerning the claim that the plaintiff reduced in the trial room is justified, and thus, the plaintiff's appeal is dismissed, and the judgment of the court of first instance is ordered.