(a) KRW 32,504,500 as well as 6% per annum from March 9, 2017 to July 12, 2017;

A. On January 9, 2015, the Plaintiff agreed to receive KRW 145,00,00 from the Defendant for metal and windows (hereinafter “one construction”) among the construction works in C, and agreed to receive raw materials from the Defendant. The standard subcontract form (basic) of construction works made at the time after the completion of construction works stated “** 3% of the construction cost, and the period shall be three years.”

In December 2015, the Plaintiff entered into an additional construction project equivalent to KRW 49,645,50 upon receiving a contract for an additional construction project from the Defendant.

The defendant paid 160,834,000 won to the plaintiff in relation to the above construction work.

B. On October 16, 2015, the Plaintiff was awarded a subcontract for metal and windows (hereinafter “second new construction”) from the Defendant for KRW 130,000,00 among D third new construction works (hereinafter “second new construction works”) and agreed to receive raw materials from the Defendant. The standard subcontract form of construction works (basic) at the time of the completion of construction works stated “** 3% of the construction amount and three years of the construction amount (three-year of the construction amount).”

The Plaintiff received a total of KRW 101,000,000 from the Defendant as the construction price.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 4, Eul 1, 4, and the purport of the whole pleading

2. Determination on the cause of the claim

A. On December 3, 2015, the Plaintiff: (a) received a contract for additional construction works of KRW 51,646,50 with respect to the first construction works from E, the Defendant’s managing director; (b) did not perform the construction works equivalent to KRW 22,057,00; and (c) received only KRW 158,734,00; and (d) received payment from the Defendant for only KRW 15,85,500 (i.e., KRW 145,00,646,500; b2,057,00-158,734,000).

The evidence presented by the Plaintiff alone is difficult to recognize that the Defendant agreed to receive additional construction cost exceeding KRW 49,645,500 as seen earlier, and this part of the Plaintiff’s assertion is without merit.

Therefore, the defendant shall pay the plaintiff 11,754 as the price for the first construction work.