A. In March 2015, the Defendant tried to newly construct a multi-family house on the land in Yongcheon-si, the Plaintiff tried to construct a multi-family house on the land in Yongcheon-si. As the Plaintiff had experience in constructing a multi-family house, the Plaintiff’s supervision over his construction site was changed, and agreed to set the approximate construction cost as KRW 225 million and as the Plaintiff’s repair cost or labor cost at KRW 30 million.

Since then, the Plaintiff continued construction from March 2015 to September 201 of the same year, and the new construction was completed and completed on September 17, 2015, the registration of preservation of ownership of new buildings was completed. Therefore, the Defendant is obligated to pay the Plaintiff the cost of repair expenses or personnel expenses of KRW 30 million and damages for delay.

B. Although Defendant 240 million won was at the end of all construction works, the Plaintiff unilaterally demanded money without consultation even though it was demanded to do so. Accordingly, the contract for construction works between the Plaintiff and the Defendant was terminated on the ground that the Plaintiff was willing to receive only the money he invested and terminate construction work. Since the Defendant paid all the amount of KRW 89 million required by the Plaintiff, the Defendant did not remain to pay to the Plaintiff.

2. Determination

A. Whether there was an agreement on the fee of construction, the defendant argued that there was no agreement on the fee of construction, and that the plaintiff agreed on all construction works including the construction cost of 240 million won, but it can be recognized that the plaintiff agreed on the fee of 30 million won according to the witness D's testimony and the statement of the record (Evidence No. 7) submitted by the defendant himself/herself, and that the defendant also acknowledged this fact at the time of questioning the party concerned.

(The defendant's assertion is not that there is no agreement, but that the plaintiff has not fulfilled the obligation to complete the construction in the amount of KRW 240,000,00,000, including the cost of the construction, and therefore there is no obligation to pay the cost of construction.

The Plaintiff.