1. As to KRW 34,381,248 and KRW 29,361,214 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 5,020,034 from July 20, 2015.

Basic Facts

A. On February 23, 2015, the Plaintiff, a company engaged in electrical construction business, was awarded a subcontract for electrical facility construction works (hereinafter “instant construction”) among the construction works that construct a building, the main purpose of which is a medical facility (hereinafter “instant building”) on the 15-1 site, Gangnam-gu, Seoul, Chungcheongnam-gu, Seoul, and on the 2,713,2 square meters of land.

The subcontract (hereinafter “instant contract”) refers to the construction period from February 23, 2015 to May 23, 2015, and the construction price shall be KRW 715,00,000 (value-added tax separate), and there is no down payment, and the intermediate payment shall be paid on the 15th of the following month after calculating the base price at the end of the month, and the remainder shall be paid within 30 days after the completion of the construction.

B. A building permit was granted on February 17, 2015 with respect to the construction of the instant building, and partial revision was made on May 7, 2015, and the approval for use was granted on June 19, 2015. The design drawings (a evidence No. 7; hereinafter “use drawings”) submitted at the time of filing an application for a building permit and the design drawings (a evidence No. 8; hereinafter “use approval drawings”) submitted at the time of obtaining approval for use are different from the design drawings submitted at the time of filing an application for a building permit.

C. Thereafter, on January 18, 2016, the instant building extended a mechanical parking machine (16 units) with respect to the instant building on the second-story underground (16 units). A building permit (extension and alteration of use) was granted to change 50.53 square meters, which is part of the parking lot, from among the first underground floors, into a medical facility; and the approval for use was granted on May 30, 2016.

[Basis] Evidence Nos. 1 through 5, Gap's evidence Nos. 7, 8, Eul's evidence Nos. 1 through 6 (including serial numbers), the fact-finding results to the head of Gangnam-gu, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff filed a claim for the remainder of KRW 411,149 due to the payment of the construction cost under the instant contract and completed the instant construction.