A. On January 28, 2015, the Plaintiff and the Defendant entered into a construction contract with the Defendant for the repair of the second floor (53.84 square meters) of the building of the second floor (hereinafter “instant building”) owned by the Defendant and the repair of the second floor (53.84 square meters) and the interior (hereinafter “instant construction contract”) with respect to the construction cost of KRW 35 million (hereinafter “instant construction contract”).

B. At the time of the conclusion of the above construction contract, the original Defendant did not prepare a specific construction contract, construction design drawings, etc.

C. Under the instant construction contract, the Plaintiff was performing remodeling works for the second floor of the instant housing and the installation works for rooftops, etc., and around March 2, 2015, there was serious conflict of opinion between the Defendant and the Defendant due to the occurrence of additional construction costs and the subsequent settlement issues. Accordingly, the construction was suspended in the state of complete construction at that time, and the construction was completed at the construction site.

The Defendant paid KRW 25 million to the Plaintiff among the construction cost under the instant construction contract, but did not pay the remainder on the ground of the Plaintiff’s discontinuance of construction work, and completed the construction work on the remaining part of the construction work that the Plaintiff did not construct to another construction business operator.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 4 and 5 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the result of the appraisal commission to appraiser D and the purport of the whole pleadings

2. The parties' assertion

A. Of the instant construction works, the Plaintiff’s assertion stated that additional construction works were carried out beyond the scope of construction under the first contract upon the Defendant’s request, and the additional construction costs of KRW 24,444,771 (cost of materials 5,801,443, labor cost of KRW 15,176,250, machinery cost of KRW 278,630, general management cost of KRW 3,188,448, and KRW 278,630.

Accordingly, the plaintiff demanded the defendant to make an interim settlement of the additional construction cost, and the defendant has no justifiable reason.