A. Comprehensively taking account of the overall purport of arguments as to KRW 198,00,00 for additional construction cost of KRW 198,00,000, written by the modified contract (Evidence A) and the appraisal result by appraiser D, the Plaintiff entered into the instant construction contract with the Defendants on February 15, 2012, with respect to construction cost of KRW 2.2 billion for the construction of a building on the ground (hereinafter “instant construction”) outside Mapo-gu Seoul E and one parcel owned by the Defendants, and the construction period from February 20, 2012 to November 30, 2012; the Plaintiff entered into the instant construction contract with the Plaintiff on October 17, 2013; the Plaintiff and the Defendants concluded a modified contract with respect to the instant construction cost of KRW 198,00,000 on October 28, 2013; and the Plaintiff paid only the changed construction cost of the instant construction contract to KRW 310,000,000 (including the instant construction cost).

According to the above facts, the Defendants are jointly and severally liable to pay the Plaintiff the additional construction cost of KRW 198,000,000 under the instant modified contract and the delay damages thereof, unless there are special circumstances.

With regard to this, the Defendants settled the amount of the instant modified contract according to the construction details that are subsequently changed or added, and concluded on condition that the Plaintiff completely adjusts the non-construction parts and defects. Since the Plaintiff did not properly state the actual construction details and does not implement the terms and conditions of the correction of defects, the Plaintiff’s claim is unjustifiable, the Defendants asserted that the instant modified contract was cancelled on grounds of the Plaintiff’s deception or the Defendants’ mistake.

However, this case’s modified contract was entered into and details of the contract.