1. The Defendant: (a) KRW 5,827,400 for the Plaintiff and 5% per annum from October 12, 2016 to November 14, 2017; and (b) the Plaintiff.

1. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in the construction business under the trade name of “C,” and the Defendant is the owner who has obtained a building permit for the new construction of the land D (hereinafter “instant building”).

B. On February 27, 2016, the Defendant entered into a contract on the construction of the instant building (hereinafter “instant construction”) with the Plaintiff (hereinafter “instant contract”) and the main contents are as follows.

New contract document

3. Scheduled date for commencement: The scheduled date for completion of works on March 1, 2016: 95 million won on April 25, 2016.

7. Approval method: (1) The down payment shall be paid KRW 30 million at the time of a contract.

(2) Where the framework of a building is completed, an intermediate payment shall be paid 20 million won.

(3) Upon completion of the structure of a building, the part payments shall be paid 20 million won.

(4) Any balance shall be paid after completion of a building without any excess of the design office and if there is no trace of water leakage.

8. Repairing defects: 2 years.

C. Upon completion of the instant construction, the Plaintiff completed the completion inspection on October 11, 2016, and the Defendant paid a total of KRW 75 million to the Plaintiff for construction cost.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. From among the Plaintiff’s assertion, the Plaintiff paid only KRW 75 million out of the construction price to the Plaintiff, despite the Plaintiff’s additional construction work equivalent to KRW 8,618,00 at the Defendant’s request, and the Defendant paid only KRW 75 million out of the construction price to the Plaintiff. As such, the Defendant, on the seventh day for pleading, was the Plaintiff as the total construction cost of KRW 75 million that was paid by the Defendant. Accordingly, the Plaintiff’s claim amount also exceeds KRW 28,618,00 [the total construction cost of KRW 103,618,00 [the total construction cost of KRW 103,618,618,000 [the construction cost of the instant contract amount of KRW 95 million]. However, the Plaintiff accordingly should be the Plaintiff.