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

A. The Plaintiff is a company running a soil construction business, etc., and the Defendant is a company running a tobacco manufacturing business, etc.

B. In order to build a new metal resources recycling plant, the Defendant purchased the pertinent land D from the K-si, Sejong-si (hereinafter “instant land”) from the K-si, which has overall control over the sales affairs of the K-si, provided a complaint regarding the occurrence of unexpected additional costs (the cost of the aforementioned construction) related to the purchase of the factory site, by hearing the horses that the Defendant, who is the purchaser, should directly perform the construction works for reinforcement and banking of the said land from E.

C. Although the Defendant received a written estimate on the reinforcement and banking construction of the instant land from several construction companies, all of the construction companies suggested the construction cost exceeding KRW 300,000,000, and expressed the color of the construction implementation itself.

On March 2015, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant for the construction of factory site structures (hereinafter “instant construction”) on the ground of the instant land, following negotiations between the Plaintiff’s actual inspection owner and the Defendant’s actual manager (hereinafter “instant construction contract”).

(The amount of the construction cost of the instant construction contract is the key issue of the instant case, and finite below).

On March 2015, the Plaintiff sent to the Defendant a written contract (Evidence B) stating that the construction cost is KRW 160 million (including value added tax; hereinafter the same shall apply).

F. On April 28, 2015, the Plaintiff sought the Defendant to pay the first progress payment of KRW 122,544,940 out of the total contract amount of KRW 160 million, and the Defendant claimed the first progress payment of KRW 122,544,940 out of the total contract amount of KRW 160,000. On April 28, 2015, the Defendant asserted that the first progress payment was KRW 80,000,000 to the Plaintiff.

G. On May 18, 2015, the Plaintiff sought the second progress payment from the Defendant after completing the instant construction work, and filed a claim for the second progress payment. Of the total down payment of KRW 160 million, KRW 42,544,940, and KRW 37,455,060, the sum of the amount of the first advance payment and the second progress payment of KRW 37,45,060.