A. On April 15, 2017, the Defendant entered into a contract for construction works with the Ahypt Association of Dobong-gu, Seoul and two parcels of land to receive a contract amount of KRW 1,320,00,000 (value-added tax separate) between the Plaintiff and the Plaintiff on May 5, 2017 regarding the contract price of civil construction works among the said new construction works (value-added tax of KRW 160,000,000).

B. On July 12, 2017, the Plaintiff prepared a modified contract with the Defendant to increase the contract amount from KRW 160,000,000 to KRW 175,20,000. According to Article 3 of the said contract, “each of the provisions of the original contract that did not enter into an modified contract shall remain effective.”

C. Around August 2017, the Plaintiff completed the civil engineering works, and received a total of KRW 160,000,000 from the Defendant as the construction price.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 7 (including branch numbers in case of additional number), Eul evidence 6, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, it is reasonable to view that the Plaintiff agreed that the value-added tax was separately paid to the Plaintiff according to the previous subcontract while entering into a modified contract with the Defendant to increase the contract amount from 160,000,000 to 175,200,000 won. Thus, barring special circumstances, the Defendant is obliged to pay to the Plaintiff the remainder of the construction cost of KRW 32,720,000 [=192,720,000 + 175,200,000 + 160,000] and the delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from February 2, 2018 to the date following the delivery of a copy of the complaint in this case as the Plaintiff seeks.

B. As to the Defendant’s assertion, the Defendant paid only KRW 160,000,00 to the Plaintiff in the written reply dated April 2, 2018.