1. The Defendant’s KRW 10,772,125 as well as its related KRW 6% per annum from February 2, 2019 to February 5, 2021, and the next day.

1. Basic facts

A. The Plaintiff, around May 30, 2016, newly constructed a house on the ground of reinforced military C (hereinafter “instant construction”) from the Defendant around May 30, 2016, starting from June 7, 2016 to the construction hours.

9. The construction price shall be KRW 120 million as of July, and the construction price shall be KRW 120 million as an advance, and the payment of KRW 10 million as an advance shall be paid KRW 20 million as of May 30, 201, and KRW 20 million as of October 7, 2016 shall be paid at the time of the completion of the construction work, and KRW 30 million as at the time of the completion of the construction work, KRW 30 million as of KRW 30 million, and KRW 20 million as the remainder paid (hereinafter “instant contract”). (b) The Defendant paid KRW 10,303,400 as the construction price under the instant contract to the Plaintiff from May 30, 2016 to October 7, 2016.

(c)

On October 2016, the Plaintiff suspended the instant construction work on the grounds that the Defendant did not pay additional construction costs.

(d)

The Defendant filed a lawsuit against the Plaintiff seeking compensation of an amount equivalent to KRW 17,248,460 ( KRW 100,303,400 + KRW 36,945,060 + KRW 36,945,000 + KRW 120,000) paid in excess of KRW 17,248,460 for the Defendant’s direct construction and repair of defects.

In the above case, the Plaintiff agreed to pay the construction cost as KRW 4,00,000 per 1 square meter (3.3 square meter) in the instant contract. Since the area of the newly constructed building is KRW 33.76 square meters per 111 square meter, total construction cost shall be KRW 132,00,000,000, as the total construction cost is KRW 35,153,000 due to the Defendant’s request for change in design and materials, the Plaintiff argued that the Plaintiff shall not be paid to the Defendant, and rather, the Defendant shall be paid the construction cost unpaid from the Defendant.

In the above case, the appellate court shall consider the construction cost agreed upon under the contract of this case as KRW 120,000,000, and it shall be based on the area of the newly constructed building between the plaintiff and the defendant.