1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 285,817,327 and KRW 209,857,070 among them.

(b)bed;

B. The defendant's assertion and its determination (1) are 628,902,824 won for the final settlement of the construction of the building of this case, such as H-sn beam (H-300*200*9*14) 63.3 tons and H-sn beam (H-300*300*10*10*15) 10.9 tons of H-3 tons and H-sn beam (H-300*30*10*15) that the plaintiff has to bury at the site of the construction of the building of this case, and failure to perform part of LWW and RAKD construction.

However, inasmuch as the Plaintiff received KRW 650 million from the Defendant as a progress payment, the Plaintiff ought to return the overpaid amount of KRW 21,097,176 (i.e., KRW 650 million - KRW 628,902,824) paid to the Defendant.

(2) Determination No. 1-2, No. 2-3, No. 7-3, No. 14-3, No. 18-2, and the following facts are acknowledged in full view of the testimony of the witness C of the first instance trial, and the purport of the whole pleadings.

(A) In concluding the instant A building construction contract, the original Defendant buried (a) 98 tons and 22 tons of H-sn beam (H-300*300*300*300*10*15) at the construction site (H-300*30*30*10*10*15), and H-sn beam (H-300*200*9*14) and H-sn beam (H-300*300*10*10*15) after using 265 tons.

(B) The Plaintiff issued 10.9 tons of H-sn beam (H-300*200*9*14) and H-sn beam (H-300*200*9*14) 63.3 tons and H-sn beam (H-300*300*300*10*15), which was intended to bury 8 meters of the earth and sand market of the above construction works and 6 meters of earth and sand market.

(C) The Plaintiff did not perform part of the RAKER Corporation and LW Construction, which are scheduled to be performed at the beginning during the instant building construction.

(D) The Defendant’s removal of steel materials, such as LW partial construction and RAKER construction, and burial key, to reduce the amount between them, etc., and recognition of the increased portion in soil and C.I.P. construction, etc. as additional construction cost, and direct construction cost of KRW 67,68,790 for earth and sand construction works of KRW 2,228,260 for earth and sand construction works of KRW 26,142,250 for earth, and reduction of KRW 32,80 for soil removal, reduction of KRW 44,936,00 for major materials, reduction of KRW 586,00 for measuring management expenses, and increase of KRW 628,00 for appurtenant construction works.