A. The Defendant is the owner of a construction project that newly constructs a second-story building ( neighboring living facilities) on the ground level C at the time of the Incheon-si, its owner.

B. On August 26, 2014, the Plaintiff entered into a contract with the Defendant for construction works in KRW 150,000,000 (hereinafter “instant contract”) with respect to the aggregate construction works during the said new construction works, and subsequently completed the relevant construction works.

C. By November 17, 2014, the Plaintiff received a total of KRW 120,000,000 from the Defendant under the instant contract.

On July 31, 2015, the defendant made registration of preservation of ownership in its name for new buildings.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. Determination:

A. According to the above facts, the defendant is obligated to pay the construction cost of KRW 30,000,000 payable to the plaintiff, except in special circumstances.

B. As to this, the Defendant asserts that the Plaintiff used 10 meters of steel bars at will while performing the construction work, despite having to use 13 meters of steel bars on the design drawing, and that the Defendant did not perform some construction work, such as construction work and removal of rain.

According to the evidence evidence Nos. 3 through 7, the defendant is found to have spent 10,610,000 won in total for the construction cost until March 2015, and 2,200,000 won in the expenses related to the rain on March 13, 2015. At the time between the plaintiff and the defendant at the time, there is no dispute between the parties to the agreement that the plaintiff and the defendant would directly construct internal partitions and deduct the defendant from the construction cost to the plaintiff of the defendant.

According to the above facts, the sum of KRW 12,810,000 paid by the defendant should be deducted from the plaintiff's construction cost.

On the other hand, comprehensively taking account of the description of No. 8 and the purport of the entire argument, the steel bars of 13 meters in design drawings are installed at intervals of 300 meters or 350 meters.