A. A. Around August 20, 2010, the Plaintiff received a subcontract from the Defendant for the portion of metal construction among the main construction works of the C College (hereinafter “instant main construction works”) at KRW 38,500,000 for construction cost (including value-added tax) and completed it on or around September 4, 2010.

B. From among the main construction works of the instant case, the Plaintiff agreed to accept additional metal construction works from the Defendant during the course of performing the construction work (hereinafter “instant nursing work”) and did not comply with the terms and conditions as to the construction cost, and completed the said works at the construction site around September 2010, as it did not comply with the terms and conditions as to the construction cost.

C. The Defendant repaid the Plaintiff KRW 20,000,000 on September 20, 2010 with respect to the instant nursing work, and repaid the Plaintiff KRW 20,000,000 on September 20, 2010 in relation to the instant Main Works, and KRW 5,000,000 on November 29, 201, and KRW 11,960,000 on February 1, 201.

[Ground of recognition] Facts without dispute, Gap 2, Eul 1, two (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that, around September 2010, the Plaintiff agreed with D who represented the Defendant to settle the progress payment related to the Nursing Work in the instant case at KRW 48,180,000.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 29,720,00,00 for the principal construction cost of this case and KRW 48,180,00 for the nursing department and construction work of this case, deducting KRW 56,960,00 already paid from KRW 86,680,00 for the nursing department and construction work of this case, and damages for delay therefrom.

B. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Eul evidence Nos. 2 through 7, 9, 13, and 14 (including paper numbers), the Defendant agreed to settle the progress payment for the nursing department and construction of this case with KRW 20,000,000 (including value-added tax) around September 2010.

However, it is insufficient to recognize that the testimony of Gap evidence 1 through 7 (including paper numbers) and witness D alone lead to above 20,000,000 won and above 48,180,000 won in the nursing department and construction work of this case.