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

1. Basic facts

A. 1) The Plaintiff is a housing reconstruction and improvement project association established with authorization from the head of Mapo-gu under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of rebuilding the A1 and the second apartment on the land outside Mapo-gu Seoul and seven parcels, and five D apartment in Mapo-gu Seoul and 320 households in 320 (hereinafter “instant apartment”).

(2) On September 13, 2006, the Plaintiff entered into a construction contract with the Defendant for the construction of the instant apartment (hereinafter referred to as the “instant reconstruction project”) with respect to the construction project of the A1 and the secondary apartment (hereinafter referred to as the “instant apartment”) including the new construction of the instant apartment, for which the construction period has been 27 months from the date of the report on the commencement of the construction, the construction contract amount is 40,896,44,500 won (excluding value added tax), the expenses and the project cost are 9,637,00,000 won, and the average equity ratio is 130.02% (hereinafter referred to as the “instant construction contract”).

The original contract amount of the construction work of this case was KRW 40,460,000 (excluding value-added tax), and the expenses for the construction work and the project were KRW 8,074,00,000. However, on October 10, 2008, the Plaintiff and the Defendant entered into a modified contract with the content that the construction work amount would be increased to KRW 8,974,000,000. On November 12, 2008, the Plaintiff and the Defendant entered into a modified contract with the content that the construction work amount would be increased to KRW 40,829,00,000 (excluding value-added tax) and finally, on February 25, 2009, concluded a modified contract with the content that the construction work amount would be increased to KRW 40,896,44,500 (excluding value-added tax), the expenses and the project cost would be increased to KRW 9,637,00,000.

In the case below, the contract of this case is not classified and "the contract of this case".

Article 2 of the Construction Contract Clause (1) The object of the construction to be executed by the defendant shall be under the jurisdiction of the removal of the existing building on the site provided by the plaintiff.