Defendant B’s KRW 98,839,365 as well as 6% per annum from September 17, 2019 to August 20, 2020.

1. Basic facts

A. The Plaintiff is a person operating the construction business under the name of D, and the Defendant Limited Company B is a company with the purpose of housing construction business, real estate leasing business, etc. (hereinafter “Defendant Company”), and the Defendant C is the representative director of the Defendant Company.

B. On April 12, 2017, the Plaintiff and the Defendant Company entered into a contract for construction works (hereinafter “instant contract for construction works”) with the terms and conditions that the said construction works (hereinafter “instant construction works”) were contracted by setting the contract amount of KRW 308,00,000 (including value-added tax) and the construction period from April 12, 2017 to August 30, 2017, among the construction works that newly build a commercial building on the ground of land, both E and one parcel (hereinafter “instant site”).

C. From April 15, 2017 to September 20, 2017, the Defendant Company paid to the Plaintiff totaling KRW 272,50,000,000 to the Plaintiff as the price for advance payment and construction work with respect to the instant construction work. Defendant C invested KRW 45,00,000,000 in the instant construction site on May 30, 2017.

Accordingly, the Defendant Company paid a total of KRW 302,830,000 to the Plaintiff.

[The plaintiff recognizes the value of the said steel bars invested by the defendant C as the repayment of the construction cost (five pages of the complaint)]. [The plaintiff has no dispute over the grounds for recognition], each entry in Gap evidence 1, 2 and 26-1, and the purport of the whole pleadings.

2. Determination as to the claim against the defendant company

A. Determination 1 on the claim for the payment of unpaid construction cost) The Plaintiff agreed to provide the Defendant Company with necessary equipment and materials, but failed to comply with the agreement, thereby increasing the contract price by KRW 7.7 million. Thus, the contract price of the instant construction contract is KRW 315.7 million (i.e., the original contract price of KRW 38 billion), and the Plaintiff completed the instant construction. As such, the Defendant Company was paid the Plaintiff the unpaid construction cost of KRW 12.87 million (= KRW 315.7 million) and the 32.83 billion construction cost, the Defendant Company was paid to the Plaintiff.