A. The plaintiff and the defendant are companies running construction business, etc.

On or around December 8, 2016, the Plaintiff was awarded a subcontract by the Defendant to install a D Public Relations Center (hereinafter “instant construction”) that the Defendant contracted from C Co., Ltd.

B. The Plaintiff received KRW 25 million, in total, from the Defendant on December 22, 2016 and KRW 15 million on December 30, 2016, as the construction price of the instant case.

C. Around January 4, 2017, the Plaintiff was awarded a contract with the Defendant for a “new construction in the Southern E District” and was paid KRW 40 million in total as of January 5, 2017 and KRW 30 million on January 26, 2017.

[Ground of recognition] Facts without dispute, Gap 1, 4, 6, 7, 10, 11, 3 and 4, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On December 8, 2016, the Plaintiff’s summary of the Plaintiff’s assertion agreed with the Defendant on December 8, 2016 on the construction cost of the instant case (including value-added tax; hereinafter the same shall apply) and completed the instant construction, the Defendant is obligated to pay the remainder of the construction cost of KRW 63 million to the Plaintiff.

B. 1) First of all, it is difficult to acknowledge that the Plaintiff agreed on the construction cost of this case with the Defendant in the form of KRW 88 million solely on the basis of the statement of evidence Nos. 1, 2, 3, 8, and 9 with respect to the amount of the construction cost of this case. However, since the Plaintiff and the Defendant agreed on the construction cost of this case at least KRW 70 million, it is reasonable to deem that the amount of the construction cost of this case is at least KRW 70 million. 2) Next, as to the completion of the construction of this case by the Plaintiff, the following circumstances are acknowledged by adding each of the evidence Nos. 1, 2, and 5 with regard to the completion of the construction of this case by the Plaintiff, namely, ① the completion of the construction work of this case and the Defendant appears to have received the construction cost from the contractor, and ② the Plaintiff’s assertion by the Defendant, even after discontinuance of the construction work of this case, the construction work of this case in the amount of KRW 70 million,000.