1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. He contracted the construction work to the Plaintiff (hereinafter “Sewur Development”).

B. On July 2, 2012, the Plaintiff entered into a contract with the Defendant, who operates a business entity under the trade name “C,” under which the Plaintiff entered into a contract with the Defendant on the payment of KRW 385,00,000 (including value-added tax) for the instant construction work (hereinafter “instant construction”).

C. The Defendant completed the instant construction work.

【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading

2. The Plaintiff asserted that the Plaintiff paid KRW 125,00,000 to the Defendant for the instant construction cost, and paid KRW 222,558,430 in total to the Defendant’s subcontractors (= KRW 66,058,722 KRW 81,291,290 KRW 54,236,498 KRW 20,972,030), as shown in attached Forms 1 through 4, and paid KRW 347,558,430 out of KRW 385,000 of the instant construction cost (= KRW 125,000,000).

On the other hand, due development paid 126,022,595 won, including material and personnel expenses, to the Defendant’s subcontractors on behalf of the Defendant, as shown in attached Table 5. The Plaintiff acquired 126,02,585 won from due development, which the Defendant acquired against the Defendant by paying materials and personnel expenses to the Defendant’s subcontractors on behalf of the Defendant.

If the Plaintiff’s above claim 126,02,585 won (=385,00,000--347,558,430 won) that the Plaintiff received and paid to the Defendant is 88,581,025 won (=126,02,585 won-37,441,570 won).

Therefore, the defendant is obligated to pay to the plaintiff KRW 88,581,025 and delay damages.

3. Determination

A. In fact, the Plaintiff: (a) as the construction price in this case, KRW 10,00,00 on July 3, 2012; (b) KRW 10,00,000 on July 7, 2012; and (c) KRW 55,00,000 on September 10, 2012; (d) KRW 10,00,000 on September 14, 2012; and (e) KRW 40,90 on September 40, 2012.