A. On October 30, 2007, the Plaintiff entered into a contract with the Defendant for the construction work of the new construction work of the third floor neighborhood living facilities (hereinafter “the instant building”) on the land outside Gangnam-si and two lots above the third floor above the ground (hereinafter “instant building”) by setting the construction cost of KRW 561,00,000 (including additional tax) and the construction period from November 1, 2007 to January 30, 2008. Under the agreement of the Plaintiff and the Defendant, the Plaintiff entered into a contract for the construction work with the name of the contractor as “D” instead of the Plaintiff.

B. However, the original and the Defendant need to change the name of the contractor due to the occurrence of the problem of registration of D construction business, while changing the construction price from the windows of the instant building to the double hold, with the addition of KRW 11,00,000 (including additional taxes) to the total of KRW 572,00,000, the contractor shall be a new comprehensive construction company around January 10, 2008, and the construction price shall be KRW 470,800,000 (including additional taxes) and the construction period shall be three months from January 16, 2008, the contractor shall be the Plaintiff and the construction period shall be KRW 101,20,000 (including additional taxes), and the contract from January 20, 2008 to June 20, 2008, respectively.

C. Around June 13, 2008, the Plaintiff completed the instant building and delivered the said house to the Defendant at that time.

Meanwhile, the Defendant paid KRW 503,640,000 to the Plaintiff out of the construction cost of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant of the principal lawsuit is obligated to pay to the Plaintiff the sum of KRW 78,565,453 (the Plaintiff claimed KRW 80,065,453 from the purport of the claim in the principal lawsuit, but there is an error that does not exclude KRW 1.5 million from the claim amount even according to the Plaintiff’s assertion) and the delay damages.

1 The remainder of the construction cost of KRW 503,640,000, which was paid at the original contract price of KRW 572,000,000, deducted from the remainder of the construction cost of KRW 68,360,00, which was paid at KRW 503,640,00.