A. The Plaintiff is a construction business entity, and the Defendant is the owner of the C-Ground Housing (hereinafter “instant Housing”).

B. On November 201, the Plaintiff concluded a contract with the Defendant for the renovation and repair of the instant housing (hereinafter “instant construction”) and completed the instant construction from November 4, 201 to January 30, 201, and around that time, delivered the instant building to the Defendant.

C. The Plaintiff received a total of KRW 30 million from the Defendant on November 10, 201, and KRW 10 million on November 28, 201, as the instant construction cost.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. At the time of the conclusion of the instant construction contract, the Plaintiff and the Defendant agreed to settle the actual cost after the completion of the construction cost, and the construction cost of this case requires a total of KRW 56,162,165 (including value-added tax). Since the Defendant paid only KRW 30 million, the Defendant is obligated to pay the remainder of the construction cost to the Plaintiff and the delay damages therefrom.

B. At the time of entering into the instant construction contract by the Defendant, the construction cost was fixed at KRW 50 million, and thereafter, the Defendant paid KRW 30 million to the Plaintiff as the construction cost.

Therefore, the remaining construction cost is KRW 20 million, and if the defect repair cost of the instant construction work is deducted from KRW 22.55 million, the remainder of the construction cost that the Defendant would pay to the Plaintiff would not remain.

3. Determination

A. The Plaintiff asserted that it would settle the actual cost after completion of the construction work of this case, but there is no evidence to acknowledge this.

However, since the defendant has determined the construction cost of this case as KRW 50 million, it should be recognized within the scope of KRW 50 million in which the defendant is the person who is the defendant.

Therefore, unless there are special circumstances, the defendant shall pay the construction price of KRW 20 million to the plaintiff = KRW 50 million - 3.