The defendant shall pay to the plaintiff KRW 36,379,340 as well as 6% per annum from September 18, 2019 to January 29, 2021, and from the next day.

1. Basic facts

A. The Plaintiff is a person engaged in the construction business, etc. under the trade name of “D” in Ulsan-gu, Ulsan-gu, and the Defendant is a person who engages in the comprehensive repair business of motor vehicles under the trade name of “F” in “F” in “Seoul-si.”

B. On August 12, 2018, the Plaintiff entered into a contract with the Defendant to receive a contract during the period from August 12, 2018 to October 12, 2018 (hereinafter “instant contract”) with the steel frame, the board, and the Changho Construction Work (hereinafter “instant construction work”) among the new construction works of the automobile repair shop located in G in the Jeju-si (hereinafter “instant building”) (hereinafter “instant additional construction”) (hereinafter “instant contract”). Moreover, the Plaintiff agreed to add a fence, the window, and the board board construction work equivalent to the price of KRW 7,269,40 ( separate value assessment) (hereinafter “the instant additional construction”).

(c)

The Defendant paid to the Plaintiff KRW 40 million on August 16, 2018 among the instant construction works and additional construction works, KRW 60 million on September 9, 2018, KRW 20 million on October 10, 2018, and KRW 130 million on April 8, 2019.

(d)

The Defendant obtained approval for use of the instant building on January 7, 2019.

[Ground of recognition] Unsatisfy, Gap 1 through 6, Eul 9, Eul 2's evidence, and the result of a factual inquiry into the original state market by this court, the purport of the whole pleadings

2. The assertion and the judgment thereof

A. The gist of the assertion 1) The total floor area was much higher than the design drawings in the basic construction of the instant building that was conducted before the conclusion of the instant contract, and the Plaintiff pointed out this prior to the commencement of the instant construction, and served as an on-site agent for the Defendant and the Defendant.

H The primary construction work is to be executed by the Plaintiff, and the completion of construction and increase in the cost thereof are problematic. Therefore, the Compactsaw room (warehouse) agreed not to construct the construction but to perform the construction by the Defendant after completion.

Since the Plaintiff completed the instant construction and additional construction around September 27, 2018, the Defendant value added tax to the Plaintiff.