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

1. Basic facts

A. On July 10, 2015, the Plaintiff concluded a construction contract (hereinafter “instant contract”) with the following content, upon receiving a contract from the Defendant for the part of tin work among the new construction works for accommodation facilities (hereinafter “instant cartel”).

The construction cost: 181.5 million won (the supply price of KRW 165 million, value-added tax of KRW 165 million, value-added tax of KRW 165 million), - The terms and conditions for the payment of the construction cost of KRW 80 million (including value-added tax; hereinafter the same shall apply) within three days after the completion of the construction - The intermediate payment of KRW 60 million - The remainder after the completion of the construction - The construction cost of KRW 41.5 million is not recognized within 30 days after the completion of the construction - The additional construction cost due to an increase in the volume after the completion of the construction - The volume of the interior tin work can be changed (within the error scope of 3%), provided that the construction cost shall be settled by the measured side after the completion of the interior interior interior interior interior interior interior interior interior interior interior interior interior interior works.

- Construction period - Outside stone works and stairs works - 45 days from the date on which the order is requested - internal stone works - August 1, 2015 to August 20, 2015 - During the completion period:

B. On July 14, 2015, the Defendant paid KRW 150,000,000 to the Plaintiff as the payment for the construction work of this case, including KRW 30,000,000 on September 4, 2015, KRW 33,000 on September 25, 2015, KRW 66,00 on November 16, 2015, and KRW 5,10,000 on November 24, 2015.

C. On November 27, 2015, the Plaintiff completed the instant construction.

On the other hand, H, on July 20, 2017, upon the judgment of the former District Court No. 2016Da53790 against the Plaintiff, issued a seizure and collection order against the Plaintiff and the third obligor as the Defendant under the former District Court No. 2017TT58, the former District Court issued a seizure and collection order against the instant construction cost claim. On December 3, 2018, H collected KRW 8,765,912 from the Defendant based on the above seizure and collection order.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1-2, Eul evidence 5 and 7 (including additional numbers), and the purport of the whole pleadings.