A. On May 11, 2015, the Defendant concluded a construction contract between the Plaintiff and the Plaintiff regarding the instant building with a view to constructing a factory B, which is an agricultural and fishery products manufacturing business site (hereinafter “instant building”); and concluded a construction contract between the construction cost of KRW 690,000,000 for the instant building; and from May 11, 2015 to September 15, 2015, the construction contract was concluded with a view to reducing the construction cost of KRW 580,00,000 for the construction cost of May 21, 2015 (hereinafter “instant contract”) (hereinafter “instant construction contract”); and the construction work based thereon is referred to as “instant construction”).

B. While carrying out the instant construction project, the Plaintiff, at the Defendant’s request, carried out a part of the construction work that was reduced from the original construction contract to the instant contract, and the construction cost incurred from the said additional construction work (hereinafter “instant additional construction”) is KRW 81,393,663.

C. The Plaintiff completed the instant construction and additional construction, and the instant building was approved for use on August 27, 2015.

The Defendant paid the Plaintiff KRW 611,960,000 in total with the construction cost of the instant case.

[Ground of recognition] A without dispute, entry of Gap evidence 1-1 to Gap evidence 3-4, result of appraiser C's appraisal, purport of whole pleadings

2. The assertion and judgment

A. Comprehensively taking into account the facts of the judgment as to the Plaintiff’s cause of claim and the evidence as seen earlier, in light of the fact that the Plaintiff’s additional construction work was the construction work agreed upon under the original construction contract, the Plaintiff and the Defendant confirmed that there was an implied agreement on the enforcement of the instant additional construction work and the payment of the additional construction cost. Therefore, the Defendant confirmed that there was an implied agreement on the execution of the instant additional construction work and the payment of the additional construction cost, which included the total construction cost of KRW 661,393,63 ( KRW 580,00,000, KRW 81,393,663,663), including value-added tax, KRW 727,53,029 (=61,393,663 x 663 x 1.1).