1. The Defendant’s KRW 9,525,866 to the Plaintiff, as well as KRW 10% per annum from October 29, 2013 to October 12, 2016.

1. Basic facts

A. On August 21, 2013, the Plaintiff (contractor) entered into a contract for the instant construction project (hereinafter “instant construction project”) with the Defendant (contractor) on the Gangnam-gu Seoul Metropolitan Government Hospital with the first floor (hereinafter “instant oriental medical hospital”). The main contents of the construction contract stated in the instant construction contract are as follows.

Period: The contract amount from August 21, 2013 to October 5, 2013: 23,040,000 won for the payment due (including value-added tax) for the payment due (30%) 23,040,000 won for the intermediate payment (30%) 57,60,000 won for the intermediate payment (30%) on August 22, 2013 (30%) 57,60,000 won for the intermediate payment (30%) on September 3, 2013 (10%) 15,360,000 won for the remainder payment (10%) on September 16, 2013 (10%) for the delay payment rate of 1/1,000 per annum on October 15, 2013.

B. The Plaintiff and the Defendant entered into a contract for construction of facilities for the disabled (hereinafter “instant facilities for the disabled”) in the instant oriental medical hospital separate from the instant construction project.

C. The Plaintiff completed all of the instant construction and installation works for disabled persons. The Defendant paid the Plaintiff KRW 10,00,000 as the price for the instant construction work on August 22, 2013 (part of the contract deposit), KRW 23,040,000 (part of the contract deposit), KRW 5,500,000 on September 4, 2013, and KRW 52,100,000 on September 13, 2013, and KRW 57,60,000 on September 27, 2013, and KRW 10,000 as the price for the installation of facilities for disabled persons on October 4, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 9, and 12, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. At the time of the first agreement, the instant construction cost was KRW 192,00,00, including value added tax, but the Defendant was to pay KRW 34,560,000, which was part of the down payment, in cash to save value added tax. The Defendant stated the construction cost in the instant construction contract as KRW 153,60,000, including value added tax, and received KRW 34,560,000, not including value added tax, as part of the down payment from the Defendant.

However, at the request of the defendant, the plaintiff added the down payment.