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.

On May 24, 2012, the Defendant contracted F Co., Ltd. (the name prior to the change on November 16, 2012 is C Co., Ltd.; hereinafter “F”) with construction cost of KRW 242,00,000 for the construction work of the Gowon-gu Building Construction Project on the land outside Heung-gu E and one of the lots (hereinafter “instant construction”).

On May 25, 2012, the Plaintiff was awarded a subcontract from F to F for the construction of reinforced concrete and build-type mold (hereinafter “instant subcontracted construction”) during the instant construction period from May 26, 2012 to July 31, 2012, for construction cost of KRW 231,00,000.

After addition of retaining walls and septic tanks equivalent to KRW 14,070,000, the total construction cost was KRW 245,070,000 (= KRW 231,000,000). The Plaintiff performed the subcontracted construction work.

(A) Although there is a dispute over the portion of the additional construction, the Defendant is deemed to have requested the said additional construction. F paid a total of KRW 172,00,000 to the Plaintiff by September 27, 2012 as the price for the said subcontracted construction, and the unpaid construction cost is KRW 73,070,000 (=245,070,000-172,000,000).

On October 29, 2012, the Defendant drafted to the Plaintiff a letter with the following contents (hereinafter “instant letter”).

The defendant shall pay the remainder of money less than KRW 20,00,000, which shall be paid after the non-interpreting and dismantling within two (2) days after the end of the present work (such as adjustment of materials, nice, damgs, waste wood treatment), in the presence of F. However, the amount of payment after the non-interpreting and dismantling work is a condition under which payment is made after settlement. 【Unfounded grounds for recognition.’ The main point of the plaintiff’s argument is that the plaintiff’s assertion on the ground of the claim as to the whole purport of the argument by the witness D of the first instance trial (excluding the portion not trusted; hereinafter the same shall apply) and the part of the testimony of the witness D of the first instance trial (excluding the portion not trusted; hereinafter the same shall apply) was made by the defendant, instead of F, by making an agreement that the plaintiff would directly pay the Plaintiff’s account payable