The defendant's 40,539,244 Won and its 5% per annum from September 12, 2019 to January 15, 2021.

1. Basic facts

A. The Plaintiff is a trade name called “C,” and the Defendant is a person who runs each construction business under the trade name of “D.”

B. On October 19, 2017, the Defendant subcontracted “G construction” located in F (hereinafter “E”) from E Co., Ltd. (hereinafter “E”) to KRW 220,000,000 for construction cost, and around that time, subcontracted the instant construction work to the Plaintiff at KRW 160,00,000 for construction cost (hereinafter “the instant construction contract”). C. The re-subcontract between the original Defendant and the Defendant was re-subcontracted to KRW 160,00 for construction cost.

In the event that the increase in the construction cost is required due to the increase in the construction volume, etc., the Plaintiff continued construction with the payment of the additional construction cost (hereinafter “the additional construction cost”) under the agreement with E and Defendant, and continued construction with the payment of the said additional construction cost. The construction work for the blasting of rocks, which is not included in the scope of the original construction work, was also ordered to receive subsequent payment of the said cost (hereinafter “the construction cost for the blasting of rocks”).

(d)

The Plaintiff completed the instant construction work around August 10, 2018, and the Defendant paid the Plaintiff KRW 155,000,000 as the construction cost of the instant case.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 6, 9, 11, Eul evidence Nos. 1 and 4, the witness H's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. Of the Plaintiff’s claim, the amount payable out of the basic construction cost under the instant construction contract is KRW 5,00,000, and the instant additional construction cost is KRW 29,525,944 (E from KRW 34,495,594 less the total amount of KRW 4,969,650,000, which was not executed by the Plaintiff from the total amount of KRW 34,495,594, which was not executed by the Plaintiff. The instant rock blasting construction cost is KRW 26,682,00,00 as indicated in the column for “Plaintiff’s Claim” in the table for the blasting of the rocks below.

On the other hand, the expenses to be deducted from the total construction cost to be paid by the defendant (the amount of losses caused by the plaintiff's negligence and the construction cost of the plaintiff) are as follows.