1. The Defendant shall pay to the Plaintiff KRW 9,326,304 and the interest rate of KRW 15% per annum from February 23, 2016 to the day of complete payment.

1. Basic facts

A. On June 2014, the Plaintiff concluded that the Defendant would pay the construction cost without fixing the construction cost (hereinafter “instant contract”), which is located on the second floor of the building built of the sloping concrete building in Gwangju Northernbuk-gu (hereinafter “instant construction”). The Plaintiff and the Defendant agreed to verify the personnel cost and the material value of the instant construction, upon the progress of the instant construction.

B. The Plaintiff is proceeding with the instant construction from July 1, 2014 to August 23, 2014.

The defendant suspended the work, and subsequently completed the remainder of the work.

C. The Defendant paid the Plaintiff KRW 24,800,000 as the construction cost of this case until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion was conducted by the instant construction until August 23, 2014, and according to the appraiser E (hereinafter “appraisal”)’s appraisal result, the amount of the construction work of the instant construction project executed by the Plaintiff is calculated as KRW 34,126,304, and thus, the Defendant is obligated to pay the Plaintiff KRW 34,126,304.

However, since the Defendant paid only KRW 24,80,000 to the Plaintiff as the price for the construction, the Defendant is obligated to pay the remainder of the construction cost to the Plaintiff (=34,126,304 won - 24,800,000) and damages for delay.

B. The determination of the cost of the construction work is calculated by multiplying the cost of the construction work by the length and ratio of the construction contract. However, if it is not appropriate to calculate the cost of the construction work by the aforementioned method of calculation in light of the content and characteristics of the construction contract, the nature and appraisal contents, etc., if it is possible to prove the cost of the construction work through other reasonable and reliable indirect data, it is also possible to recognize the cost of the construction work.

The above legal principles.