A. On December 10, 2013, C Co., Ltd. (hereinafter “Nonindicted Company”) awarded a contract to the Defendant for D’s management and operating repair work (hereinafter “instant repair work”) located in Ulsan-gun, Ulsan-gun, and around that time, the Defendant awarded a contract to the Plaintiff for the instant repair work at KRW 57,770,000 of the construction cost.

B. On March 2014, the Plaintiff completed the instant repair work and the additional construction required by the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 2-1 to 3, the purport of whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that the plaintiff sought payment of KRW 57.7 million for the instant repair work, KRW 7,684,100 for the additional construction work at the defendant's request, and KRW 5,691,30 for the repair work of this case and KRW 81,052,80 for the remainder after deducting KRW 5,691,30 for the repair work of this case and the additional construction work of this case, and KRW 81,00 for the repair work of this case ( KRW 5,770, KRW 105,84,100 for - KRW 7,684,00 for - KRW 5,691,300 for the delay.)

As to this, the Defendant agreed not to the amount claimed by the Plaintiff, but to KRW 350,40,000,00 for the additional construction work undertaken by the Plaintiff. The Defendant asserts that the Plaintiff’s claim for the construction cost was extinguished in entirety, if the Plaintiff deducts KRW 37,977,00 for the cost of repairing the said defect as the risks of breaking up the pole in an oral manner without a balconsan 10 square meters

B. As a matter of principle, in order to recognize the contractor’s claim for additional construction costs, there was an additional construction without the original contract in the completed construction works, and it should be presumed that there was an agreement between the contractor and the contractor on the completed construction works.

(see, e.g., Supreme Court Decision 2005Da63870, Apr. 27, 2006). Whether there was an agreement between the contractor and the contractor on additional construction works, the purpose and content of the contract and the additional construction works, respectively.