1. The Defendant’s KRW 184,952,938 as well as the Plaintiff’s 6% per annum from March 21, 2019 to July 23, 2020.

1. Basic facts

A. On November 14, 2016, the Plaintiff and the Defendant concluded a subcontract for the “E Production and Installation Work (Tank Manufacturing and Installation Work; hereinafter “instant Construction Work”)” (hereinafter “instant contract”) within the Pyeongtaek-si D&D Corporation that the Defendant contracted from C Co., Ltd. (hereinafter “C”).

B. The contract stating the content of the instant contract contains the following: “The supply price of KRW 630,00,000 (excluding value-added tax) and the contract period from November 25, 2016 to April 20, 2017, all materials, other than the materials to be paid by the ordering entity, shall be borne by the Plaintiff, and if the quantity is changed at the Defendant’s request, the contract amount shall be adjusted by applying the same unit price in terms of the contract specifications.”

C. At the time of the instant contract, 18,000,000 won was determined as material costs (Ac'y and Os) in the statement of the cost of construction and the detailed statement of the manufacture and installation that the Plaintiff submitted to the Defendant.

On the other hand, the value of the materials purchased by the Plaintiff and used for the instant construction is KRW 106,09,166 (excluding value-added tax).

On November 29, 2016, the Plaintiff sent a list of the materials purchased by the Plaintiff to the Defendant classified it into the main material and Acc’y material by e-mail, and the Defendant asked to the effect that “any materials other than those to be borne by the Plaintiff exist, and then settled through subsequent consultation.”

E. The instant construction works are the manufacture and installation of the tank 4 tanks. Although the total weight of the first tank 4 units was 269,100km, the total weight was increased due to changes in the terms of the contract. According to the final BOM (materials List) submitted by the Defendant, the total weight of the tank 4 units of the tank installed by the Plaintiff is 293,84.9kg.

F. The Plaintiff completed the instant construction on May 31, 2017, and completed both the trial run and the examination process on December 2017, but the Defendant did not pay KRW 63,000,000 (excluding value-added tax) out of the construction cost of KRW 630,000 under the instant contract (excluding value-added tax).

[Ground of recognition] Unsatisfy, A(1) through (3)