1. The Defendant’s KRW 76,560,941 as well as the Plaintiff’s KRW 6% per annum from April 19, 2016 to September 18, 2018.

1. Basic facts

A. On March 4, 2015, the Plaintiff and the Defendant entered into a contract with the Plaintiff on the construction of a new building to be used as a child care center on the land outside C and one parcel of land, which is KRW 764 billion (value-added tax separate).

However, out of the above KRW 764 billion, 70 million is the construction cost, and the remaining KRW 64 million was the cost for purchasing adjacent land in the construction site.

B. Accordingly, the Plaintiff commenced construction on March 6, 2015, and the Defendant paid KRW 200 million to the Plaintiff on the same day as the construction price.

However, the Plaintiff returned to the Defendant the purchase cost of neighboring land of KRW 64 million in the amount of KRW 200 million.

C. On July 2, 2015, the Defendant paid KRW 185,052,653 as the construction price to the Plaintiff.

On January 28, 2016, the Plaintiff and the Defendant drafted a written contract by changing the construction cost into KRW 74.5 million (excluding value-added tax).

E. The Defendant completed registration of ownership preservation on a building completed on February 4, 2016.

F. On February 5, 2016, the Defendant paid KRW 200 million to the Plaintiff as the construction cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the construction cost agreed to be paid by the defendant to the plaintiff is KRW 74.5 million (excluding value-added tax). Among them, 64.5 million in the name of purchase cost of neighboring land is the plaintiff who cannot be included in the construction cost to be paid by the plaintiff. As a result, the construction cost to be paid by the defendant to the plaintiff is 7.455 million won, including value-added tax, x 1.50 million won (=(7.4.5 million won - 64 million won) x 1.553 won (= 521,052,653 won), among the defendants, - 200 million won (20 million won - 64.52,653 billion won). Accordingly, the defendant is liable to pay to the plaintiff 183,497,347 billion won (=7.552,520 million won).

3. We decide on the defendant's defenses.