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1. The Defendant: (a) KRW 119,329,239 for the Plaintiff and KRW 5% per annum from May 11, 2013 to October 15, 2014; and (b) the Plaintiff.
Reasons
1. Basic facts
A. On December 12, 2012, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant on the construction cost of KRW 163,000,000 (an advance payment of KRW 43,000,000,000, and the remainder of KRW 120,000,000 shall be paid immediately after completion of the contract) and the construction period from December 20, 2012 to January 15, 2013 (hereinafter “instant construction contract”).
Since then, the Plaintiff and the Defendant agreed to extend the construction period to February 15, 2013.
B. The Plaintiff completed the instant construction around February 10, 2013, and the Defendant completed the registration of ownership preservation on March 19, 2013 with approval for use for new buildings on March 7, 2013.
C. The Defendant did not pay the remainder of the construction cost after paying the advance payment of KRW 43,00,000 according to the instant construction contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) completed the instant construction project on or around February 10, 2013 under the instant construction contract. Around February 10, 2013, the Plaintiff received advance payment of KRW 43 million out of the construction cost of KRW 163 million. 2) Upon the Defendant’s request, the Plaintiff added KRW 37,962,00 in total (i.e., fenced outside a building equivalent to KRW 6,300,00,000 to KRW 37,962,00,000 (ii) a fence installed outside the building; ② a fence installed outside the building of KRW 1,150,00 between the outer wall and fenced floors; ③ a removal work of the neighboring building of KRW 285,00; ④ a removal work of the floor of KRW 422,00,00 in an amount equivalent to KRW 760,00; ⑤ a parking lot of KRW 534,140,00).
3) Some of the contents of the instant construction contract (construction with the full studs of the building) directly executed by the Defendant upon the Defendant’s request. The construction cost is KRW 17.4 million in total as of the calculation basis of the instant construction cost ( ① 4.1 million in total) (2.8 million in total).