2. The costs of lawsuit shall be borne by the Plaintiff.

A. On March 23, 2010, the Plaintiff: (a) agreed from the Defendant on March 23, 2010, the construction of a three-story commercial building located in Northern-gu C (hereinafter “instant construction”) with the construction cost of KRW 292,50,000; and (b) completed the said construction work on September 28, 2010.

B. The Plaintiff received KRW 230,000,000 from the Defendant on April 7, 2010, and KRW 90,000,000 on June 8, 2010, and KRW 20,000,000 on September 16, 2010, and KRW 30,000 on September 8, 201, respectively.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including each number), and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Defendant paid only KRW 230,500,000 to the Plaintiff out of the agreed construction cost of KRW 292,50,000,000, and did not pay the remainder of KRW 62,50,000 to the Plaintiff. Thus, the Defendant shall pay the Plaintiff the above KRW 62,50,000 and the damages for delay thereof.

B. The Plaintiff and the Defendant did not agree on the construction cost of the instant construction in KRW 292,50,000, and the Defendant paid KRW 200,000 to the Plaintiff a total of KRW 200,000,000 after the lapse of one year, and requested the Plaintiff to pay KRW 30,000,000 to the Defendant as the remainder of the construction cost of the instant construction, and the Defendant paid KRW 30,00,000 to the Plaintiff as the remainder of the construction cost of the instant construction.

3. Determination

A. The Defendant asserted that the Plaintiff and the Defendant did not agree on the construction cost of the instant construction work at KRW 292,500,000. However, according to the aforementioned evidence, the fact that the Plaintiff and the Defendant entered into an oral contract by setting the construction cost of the instant construction work at KRW 292,50,000, without separately preparing the contract, is recognized.

B. Meanwhile, the Plaintiff received a total of KRW 200,000,000 from the Defendant until September 16, 2010, which was before the completion of the instant construction work.

C. On August 18, 201, the Plaintiff paid KRW 92,500,000 to the Defendant’s remainder of construction work.