1. The Defendant shall pay to the Plaintiff KRW 39,889,890 and the interest rate of KRW 12% per annum from June 26, 2019 to the day of complete payment.

1. As to the claim for the construction cost

A. The Plaintiff is an individual entrepreneur who runs a construction business under the name of D, and the Plaintiff received construction cost of KRW 203,500,000 (including value-added tax) from the Defendant on November 22, 2017 between the Defendant and the Defendant, and concluded that the Plaintiff will perform steel construction works among steel framed construction works and a restaurant construction works for the F-based neighborhood living facilities among the above ground E-based neighborhood living facilities construction works (hereinafter “instant contract”).

(2) The Plaintiff completed all the construction works under the instant contract, and received construction payment of KRW 187,00,000 in total from the Defendant during the period from November 23, 2017 to October 4, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7, overall purport of pleading

B. According to the above facts of recognition, the defendant is obligated to pay the construction cost of KRW 15,00,000 and damages for delay as claimed by the plaintiff.

[Plaintiff] 16,500,000 won (=203,50,000 won - 187,000,000 won after deducting value-added tax] ; 2. As to the claim for additional construction payment

A. 1) The Plaintiff’s assertion 1) The Defendant requested an additional construction on the structural reinforcement and construction of pacts, and the Plaintiff was obligated to pay the Plaintiff the additional construction cost of KRW 24,889,89,890 (excluding value-added tax). The Defendant’s assertion 2) did not request the Plaintiff to perform the additional construction.

Unlike design drawings, the Plaintiff voluntarily performed construction works and received an order from the construction supervisor on April 2018 to suspend construction works, and agreed to reconstruct construction works at the Plaintiff’s expense as design drawings.

The defendant is not liable to pay the additional construction cost to the plaintiff.

B. We can find out the facts without dispute between the parties to the judgment, the entries in Gap evidence 8 to 19, and the purport of the entire pleadings.