A. On August 12, 2016, the Plaintiff entered into a contract with the Defendant for the construction of a new house on the ground C (hereinafter “instant house”) located on the ground of Gyeongnam-gun (hereinafter “instant construction”) at KRW 180,000,000 for the construction cost. The remainder of the construction cost was to be paid within one week after the completion of the construction.

B. The Plaintiff and the Defendant decided to exclude the portion of the instant construction work from the contract, and the instant construction cost was KRW 175 million.

C. On February 13, 2017, the Plaintiff completed the instant construction.

The Defendant paid KRW 159 million to the Plaintiff as the construction cost of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion completed the instant construction, and the Plaintiff’s additional construction for the instant construction is required to receive a total of KRW 205,452,455 (i.e., cost of additional construction cost of KRW 175,00,000 for construction cost of KRW 30,452,455).

However, the Defendant paid the Plaintiff the construction cost of KRW 159 million, and the Plaintiff should pay the Defendant the cost of repairing the defect incurred from the non-construction and the modified construction cost of KRW 4,632,055 (i.e., the cost of the non-construction cost of KRW 1,500,000 for the non-construction cost of KRW 1,131,956 for the non-construction cost of rooftop waterproof construction cost of KRW 2,00,099).

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 41,820,400 (i.e., the construction cost of KRW 205,452,455- the construction cost of KRW 159,000 for the construction cost of KRW 4,632,055) and damages for delay from February 21, 2017, which is the day following the remainder payment date of the construction cost, (i.e., the day after February 13, 2017, which is the date the construction work is completed).

B. Determination of the construction cost to be paid by the Plaintiff on the 1 additional construction cost is made.