2. The costs of lawsuit shall be borne by each person;

Nevertheless, the defendant does not pay to the plaintiff KRW 49,654,00 among the total construction cost of KRW 52,954,00 (including additional tax). Thus, the defendant is obligated to pay the above amount to the plaintiff.

Judgment

First of all, the fact that the Plaintiff entered into a construction contract with the Defendant (establishment) and the fact that the Plaintiff received all the agreed construction costs from the Defendant and the Plaintiff Co., Ltd., the ordering person, pursuant to the above contract, is either a dispute between the parties, or a full view of the purport of the entire

Ultimately, the issues in this case are whether there exists an additional contract for construction cost between the Plaintiff and the Defendant, and whether there was an implementation under the actual agreement.

The Plaintiff sought payment of KRW 94.6 million and additional construction cost of KRW 52,954,00,000, which was not paid out of the agreed construction cost, and subsequently, reduced the purport of the Plaintiff’s claim to seek payment of KRW 49,654,00 on the ground that the Plaintiff received KRW 97.9 million from Co., Ltd., the ordering person, after the instant lawsuit was brought, (i) 49,654,000 (= KRW 52,954,000 - KRW 97.97.9 million).

It is insufficient to acknowledge that there was an agreement between the Plaintiff and the Defendant that the Defendant should pay the price for the additional construction works performed by the Plaintiff, solely with the descriptions of evidence Nos. 2 and 34 (including paper numbers), and there is no other evidence to acknowledge otherwise.

[Written evidence No. 2 stating that the Plaintiff sent the following: “The Defendant’s additional amount should be paid in C if it is known that the additional amount would be recognized and paid,” which is clear between the Plaintiff and the Defendant.