A. (1) From around 2014, the Plaintiff agreed on the issue of constructing a house on the ground of 559.6 square meters on the land owned by the Defendant and the Defendant, and on March 17, 2016, between the Defendant and the said land, a multi-family house (17 households, including the cleep room, the house to be occupied by the Defendant, and the instant multi-family house (hereinafter referred to as “the instant multi-family house”).

2) The instant construction contract was concluded to newly construct the construction contract (hereinafter “instant construction contract”).

(2) The construction period stipulated under the instant construction contract is from March 30, 2016 to August 20, 2016, and the construction price is KRW 661,00,000.

The Doo Water System (including contributions to gas facilities), contributions to gas facilities, measurement expenses, lump-sum payments, expenses for completing communications, walsing in the area of four-story housing, remote areas, marketing, each household electric appliances, and drawings clearly indicate that construction is a separate construction.

B. The Plaintiff completed the construction work under the instant construction contract.

On October 28, 2016, approval for use of the multi-family house in this case was made.

C. (1) The Defendant paid KRW 585,00,000 among the construction cost of KRW 661,00,000 to the Plaintiff, and paid KRW 52,950,00 to the subcontractor directly. (2) The Plaintiff, as indicated in the attached Table 1 on January 9, 2017, prepared a statement of accounts to confirm that the remainder of the construction cost of KRW 23,05,000,000, including the accrued construction cost of KRW 23,050,000, and the cost of completing communications, KRW 7,000,000,000 related to the construction cost of KRW 16,00,000, and issued it to the Defendant.

However, the above settlement statement clearly states that the construction work added to the drawing is excluded.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 1 and 20, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff 634,950,000 won = 585,00,000 won = 49,950,000 won, which was received from the plaintiff at the first construction cost of KRW 661,00,00 for the first construction cost of the plaintiff = 585,00,950,000, the plaintiff believed the defendant's horse and scling it to the subcontractor.