A. A. Around December 2015, the Plaintiff entered into a contract with the Defendant for a construction project (hereinafter “instant contract”) that sets up a house of 27 square meters on the ground of 27th floor (hereinafter “instant house”) on the ground that was located in Gyeong-gun, Nannam-gun, and instead, entered into a contract with the Defendant for construction project (hereinafter “instant contract”). The construction cost was calculated as KRW 4 million per square year, and the construction cost was determined as KRW 18 billion per square year.

B. On January 2016, the Plaintiff tried to increase the scale of the instant house into 33 square meters between the Defendant and the Defendant in the mid-2016.

[Ground of recognition] Facts without dispute, entry of evidence No. 11, and purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion and the Defendant set the size of the instant housing as KRW 33,00 per square year, and the construction cost as KRW 4,00,00 per square year. In fact, the area of the instant housing is merely 31.16 square meters, and the Plaintiff should pay the Defendant the construction cost of KRW 137,104,00 [=12,4640,00 (=31.16 square meters x 4,000 won) x 110% of value-added tax].

However, the Plaintiff first entrusted the instant housing construction to E, and paid the down payment of KRW 10 million as down payment. The Defendant agreed that the down payment that the instant housing construction was paid to E as the construction cost of the instant contract due to the replacement of the said construction to himself.

In addition, the Plaintiff lent KRW 1.5 million to the Defendant in the process of the instant contract.

In addition, the Plaintiff paid 18 million won as the construction price to the Defendant, and paid 39,319,450 won in excess of 176,423,450 won in total by directly paying 47,693,00 won, such as labor cost and material cost, at the Defendant’s request. The Plaintiff paid 176,423,450 won in lieu of the Defendant for a company that supplied electrical construction and steel supply (i.e., a loan of KRW 10,000,000 in total, KRW 1.8 million in labor cost, including labor cost of KRW 47,693,000 in total, KRW 1.8 million in total, and KRW 9,230,450 in total).

In addition, the cost of KRW 13,244,00 was incurred due to the non-construction parts and defects in the housing construction of this case.

Therefore, it is true.