1. The Defendant’s KRW 95,808,50 for the Plaintiff and KRW 6% per annum from November 29, 2019 to January 19, 2021.

Basic Facts

On February 4, 2019, the Plaintiff entered into a contract with the Defendant for metal works (hereinafter “the instant construction works”) with the construction cost of KRW 60,704,60 (including value added tax) and construction period of KRW 60,704,60 among the main construction works (hereinafter “original construction works”) as of August 30, 2018, with the construction cost of KRW 202,00,000 (including value added tax) among the main construction works and the construction cost of KRW 202,00,00 among the main construction works (hereinafter “instant second construction works”), each of which is to receive each contract by setting each time as of April 30, 2018 (hereinafter “the instant construction contract related to the instant construction works”); and the instant construction contract related to the instant construction works “the instant construction contract” collectively referred to as “the instant construction contract,” and “the instant construction contract”).

The details of the instant construction contract No. 1 are as follows: (a) construction items are written on “building-type walls/ walls”; (b) volume of 1,346 square meters; (c) unit price of 41,000 square meters; and (d) construction items are written on the construction contract No. 2 of the instant case: (a) construction works on outer wall signboards; (b) volume of 1,962 square meters; and (c) unit price of 103,000 square meters.

All of the instant contracts included the provision that “if there is an error in the contract amount even after the contract is concluded, it shall be corrected under the agreement of the Plaintiff and the Defendant,” and each of the instant agreements states that “the conditions for the settlement of increase and decrease in quantity”.

The plaintiff started and completed the construction work of this case No. 1 and No. 2.

From February 28, 2019 to April 30, 2019, the Plaintiff received a total of KRW 409,494,000 from the Defendant as the construction cost of the instant construction and the instant construction work No. 2.

[Ground of recognition] The plaintiff performed the construction work of this case, and the fact that the last quantity is 2,350 square meters is 2,350 square meters between the parties, and there is no dispute between the parties, the entry of Gap evidence Nos. 1, 2, 6, and 10, and Eul evidence Nos. 6 through 9 (including each number), and the ground of claim as to the whole purport of the pleading.