1. The Defendant: KRW 72,449,359 for the Plaintiff and KRW 6% per annum from August 26, 2017 to November 1, 2018; and

1. Basic facts

A. The Defendant concluded a subcontract with the Plaintiff on October 18, 2016, setting the construction cost as KRW 746,900,000 (including value added tax; hereinafter the same shall apply) with respect to the above construction work as KRW 665,50,000 (hereinafter referred to as “PsLX construction”) from Poco Construction Co., Ltd. (hereinafter referred to as “SCO Construction”).

B. After that, the Defendant and Spanco Construction increased the construction cost of the first construction in KRW 795,872,00 on February 27, 2017, and thereafter changed the construction cost to KRW 782,368,605 on March 30, 2017.

C. Meanwhile, the Defendant concluded a subcontract with the Plaintiff on December 5, 2016 by setting the construction cost of reinforced concrete construction (hereinafter “second-class reinforced construction”) at KRW 775,624,300, among “Masco Construction Co., Ltd. 2 Main Stack Reinforcement” (hereinafter “second-class construction”) and concluding a subcontract with the Defendant on December 5, 2016, by setting the contract amount of the said construction amount at KRW 605,00,000.

On June 14, 2017, the Defendant given up the remainder of the construction works in a state of 57% in relation to the 2nd construction project and gave up the remainder to the Plaintiff. The written agreement drawn up between the Plaintiff and the Defendant at the time (hereinafter “instant agreement”) states that “the Defendant is responsible for the flag already paid and pays it to the Plaintiff. The Plaintiff applies for the flag within 43%, excluding the flag of 57% already paid.”

E. The Defendant received payment for the completed portion of the second construction from Switzerland Construction, and paid the Plaintiff KRW 617,186,380 as the price for the first construction and KRW 352,316,788 as the price for the second construction.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, 4, and 6 (including additional numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. With respect to the Plaintiff’s assertion 1 construction work, KRW 38,924,105 of the increased construction cost shall be paid by the Plaintiff in full, regardless of the Defendant’s interest. Therefore, the Defendant had already added the increased construction cost to the agreed construction cost.