A. The Plaintiff is a company with the purpose of painting construction business, and the Defendant is a company with the purpose of construction business, etc.

B. On April 9, 2016, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant, under which the Plaintiff would receive a contract for painting construction work (hereinafter “instant construction work”) among the new construction works on land D (multi-unit housing and officetels) on land outside Busan Northern-gu, Busan, and the main contents thereof are as follows.

- Construction period: During the period of construction on April 10, 2016: Amount of contract on August 30, 2016: Amount of 61,816,200 won: Amount of 60,000 won (including value-added tax): 60,000 won: Tax-exempt (69.73%) - Amount of 41,838,000 won - Value-Added Tax (30.27%): 18,162,00 won - Value-Added Tax: Payment of 1,816,200 won - Cash Payment of 1,816,200 won - Amount of 80% of the contract amount on February 1 or 2: The remainder payment seems to have been used for the same purpose as the inspection for use.

After completion (within 30 days) 20% of the contract amount;

C. On August 30, 2016, the Plaintiff and the Defendant changed the scheduled completion date of the instant subcontract to October 15, 2016.

In the process of performing the instant construction, the Plaintiff performed a separate construction work, such as attached Table 1 (hereinafter “instant additional construction work”) according to the Defendant’s instruction or request, and the construction cost required is totaling KRW 42,633,983 (a separate addition).

E. On October 15, 2016, the Plaintiff completed the instant construction including the said additional construction, and the said new building was approved for use on November 4, 2016.

F. The Plaintiff received the payment of KRW 56,059,450 in total,00,00 on July 29, 2016, as construction price under the instant subcontract, and KRW 56,059,450 on November 2, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 10 evidence, Eul's 7 evidence (including additional evidence, if any), the result of appraiser E's appraisal, the purport of whole pleading

2. Determination on the main claim

A. Determination as to the cause of the claim