1. The defendant's KRW 42,00,000 and its amount shall be 5% per annum from February 25, 2020 to November 18, 2020 to the plaintiff.

1. Basic facts

A. The Plaintiff is a person who runs a construction business under the trade name of “C”.

On September 16, 2017, the Plaintiff concluded a contract for construction work (hereinafter “instant contract”) with the Defendant, setting the construction period from September 18, 2017 to January 18, 2018 with respect to the new house construction work on the D ground owned by the Defendant, and the construction cost as KRW 175,000,000 (the contract amount of KRW 10,000,000, intermediate payment of KRW 60,000,000, and the remainder of KRW 105,00,000).

B. Since then, the Plaintiff, along with E, completed the new-built house D and F-built house (hereinafter “new-built house in this case”) on the Gangwon-gun, Gangwon-do, and the Defendant completed registration of preservation of ownership in its name on December 13, 2018.

C. The Defendant received to the Plaintiff KRW 5,00,000 on September 18, 2017; KRW 20.5,000,000 on the same month; KRW 30,000,00 on November 3, 2017; KRW 30,000 on January 8, 2018; KRW 20,000 on April 20, 2018; KRW 30,000,00 on the basis of the construction cost; and KRW 5,00,000 on the basis of the construction cost; and KRW 5,000,000 on the same month; and KRW 22.5,000 on the same month; and KRW 130,000 on the aggregate,00 on the basis of the construction cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 8, and 9, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was completed in entirety pursuant to the instant contract, but the Plaintiff did not receive construction cost of KRW 42,000,000.

In addition, the plaintiff and the defendant concluded an additional construction contract orally due to the request for change of design by the defendant, and even if the plaintiff completed all additional construction works, they did not receive KRW 36,180,000 as the additional construction cost.

Therefore, the Plaintiff seek against the Defendant the payment of the total of KRW 78,180,000 as well as damages for delay.

3. Determination

A. According to the fact that the part 1 seeking the payment of the work price unpaid under the instant contract is established, the Defendant, barring special circumstances, excluded the Plaintiff from KRW 133,000,000 already paid out of the work price of KRW 175,000 under the instant contract.