1. The Plaintiff’s obligation to pay for construction works under the term of the contract for construction works on June 11, 2015 to the Defendant shall not exceed KRW 860,785,645.

1. Basic facts

A. The Plaintiff is the owner of the instant construction work (hereinafter “the instant construction work”). The Defendant is a contractor of the instant construction work (hereinafter “the instant construction work”) on the land AAC convalescent hospital (hereinafter “the instant building”) on six parcels outside the Busan Seo-gu, Busan. The Defendant is a contractor awarded a contract with the Plaintiff for the instant construction work.

The Defendant Intervenor is a construction business operator who has been awarded a subcontract for part of the instant construction project from the Defendant.

B. On June 11, 2015, the Plaintiff entered into a contract for the instant construction project and a modified contract (i) with the Defendant for the construction cost of KRW 3 billion [including value added tax, KRW 500 million advance, KRW 300 million for the first phase payment (payment in the case of the second floor Slver), KRW 300 million for the second phase payment (payment in the case of the second floor Slver), KRW 300 million for the second phase payment (payment in the case of the second floor Slver), KRW 300 million for the third phase payment (payment in the case of the second floor Slver), the remainder, KRW 1.68 billion for the construction period (within 30 days after the completion of the completion inspection)] and the construction period from June 22, 2015 to April 30, 2016 for the instant construction project (hereinafter “instant contract”).

(2) On August 6, 2015, when the instant construction is in progress, the Plaintiff entered into a contract with the Defendant to change the construction cost to KRW 297,407,070,000 (hereinafter “instant construction cost”) by excluding the fire-fighting and electricity parts from the construction content of the instant construction project (hereinafter “instant construction cost”).

C. On November 22, 2016, the Plaintiff filed an application for approval of use of the instant building with respect to the instant building on November 22, 2016, and completed registration of ownership preservation on the instant building on December 5, 2016 after obtaining approval for use on December 2, 2016. (2) The Plaintiff notified the Plaintiff that the instant contract was terminated on the grounds of the Defendant’s bankruptcy on December 2, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 14, 15, 17, 21, and 22 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff.