A. On February 19, 2017, the Plaintiff concluded a contract for construction works (hereinafter “instant construction contract”) with the content that the Plaintiff will undertake by determining the commencement date on February 20, 2017 as the date of remodeling of the interior and outside parts of the Bridge building in Jongno-gu Seoul (hereinafter “instant construction works”) and the completion date of the implementation plan, May 20, 2017; the contract amount of KRW 1,200,000 (including value-added tax); and the liquidated damages rate of KRW 3/1,000 as the total contract amount per day for the delay of construction (hereinafter “instant construction contract”).

B. On July 11, 2017, the Plaintiff submitted to the Defendant a “construction completion limit” that stated the contract amount of KRW 1,200,000,000 (excluding the amount of additional construction works) and the date of completion as of May 20, 2017, and the date of actual completion as of July 7, 2017, and received a total of KRW 1,110,000,000 from the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The parties' assertion

A. After the completion of the instant construction project, the Plaintiff filed a claim for payment of the instant construction cost agreed at KRW 1,128,000,000 (including value-added tax) with the Defendant for the adjustment of the construction cost of KRW 1,200,000,000 (including value-added tax), and the Plaintiff also filed an additional construction project equivalent to KRW 213,00,000 (excluding value-added tax) other than the instant construction project in accordance with the Defendant’s order of additional construction work.

Therefore, the defendant is liable to pay to the plaintiff 365,10,000 won [total construction price 1,475,100,100,000 won = total construction price ＋ [1,240,80,000 won [1,128,80,000 won + value-added tax ＋ 112,80,000 won + total construction price ＋ 234,30,000 won [213,00,000 won + value-added tax 21,30,000 won + value-added tax)]; (1,110,000,000 won]; and delay damages therefrom]

B. Defendant 1) The instant construction cost was originally KRW 1,200,000,000 (including value-added tax, and excluding the Plaintiff’s non-execution portion).