A. On September 16, 2015, the Plaintiff (B) had concluded a construction contract with the Defendant, setting the contract amount of KRW 231,00,000 (including value-added tax) between the Defendant and the construction period of KRW 231,00,000 (including value-added tax), from September 17, 2015 to November 30, 2015.

B. On September 17, 2015, the Plaintiff paid the Defendant KRW 214,00,000,000 in total, including the remainder of construction work, on seven occasions during the period from December 24, 2015 to March 23, 2016, as the contract deposit for construction work, and KRW 84,00,000 in the intermediate payment for construction work on December 22, 2015.

C. Meanwhile, on January 25, 2016, when the completion of the construction is delayed due to partial change of design, etc., the Defendant: (a) prepared a letter of completion of the construction works to be completed by January 31, 2016; and (b) issued a letter of completion of the construction works to the Plaintiff by March 1, 2016; and (c) notified the Defendant by mail of content-proof as of April 27, 2016 that the Plaintiff delayed the construction works; and (d) notified the Defendant of the maximum completion of the construction and the termination of the contract by May 5, 2016.

The Defendant paid KRW 2,122,340 in total, including the Defendant’s employment insurance premium of KRW 605,820 and industrial accident insurance premium of KRW 1,516,520 on January 28, 2016, and the Defendant paid KRW 14,30,00 in lieu of the Defendant’s material price of KRW 14,30,00 on May 16, 2016.

[Grounds for recognition] There is no dispute, and according to Gap evidence Nos. 1 through 18 (including the serial number), appraiser D's appraisal result, and the purport of the entire pleadings, the defendant shall pay the plaintiff 3,705,692 won as the return of the construction cost exceeding the fixed rate of the construction cost that the defendant continued to pay to the plaintiff (214,00,000 won - the fixed construction cost payment of KRW 196,716,648 with the fixed payment of KRW 196,716,648 with the fixed payment of KRW 2,122,340 with the fixed payment of KRW 14,30,000.