A. On July 22, 2015, the Plaintiff entered into a construction contract with the Defendant on the construction project with the content that the construction project for the construction of Gosung-gun C ground wooden Housing (hereinafter “instant building”) (hereinafter “instant construction project”) was contracted as follows (hereinafter “instant construction contract”).

Construction period: From August 1, 2015 to November 30, 2015: Method of paying construction cost of KRW 350,000,000: 35,000 at the time of construction contract: - When construction work is commenced: 70,000,000 - at the time of commencement of construction: 140,000,000 when construction is completed, - at the time of completion of construction: 140,000,000: 105,000,000 won for the construction or alteration of the site, and all additional construction costs except for re-establishment of construction costs due to price increase (Article 5).

B. After that, the Plaintiff completed the instant construction and delivered the instant building to the Defendant, and on April 29, 2016, approved the use of the instant building.

C. The Plaintiff received KRW 295,00,000,000 from the Defendant as the instant construction cost from July 23, 2015 to December 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts of the recognition of the claim for the unpaid construction cost, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 55,000,000 (=350,000,000 - KRW 295,000,000) and delay damages.

Although some of the non-construction works have been completed as seen below, as long as the construction of the building of this case is completed as the construction of this case is completed as agreed upon, the plaintiff's claim for construction price is established, and the defendant can only claim damages in lieu of defect repair or defect repair as to the non-construction part.

(see, e.g., Supreme Court Decision 2015Da214691, 214707, Oct. 29, 2015). (B)

The plaintiff's assertion of additional construction cost claim 1.