1. As to the Plaintiff KRW 31,502,739 and KRW 12,260,454 among them, the Defendant shall pay to the Plaintiff KRW 31,50,739 from October 16, 2013, and KRW 19,242,285.

1. Basic facts

A. On May 3, 2013, the Plaintiff concluded a construction contract with the Defendant to newly construct a building with a total floor area of 490.56 square meters on the land of Pyeongtaek-si owned by the Defendant (hereinafter “instant building”) of KRW 450 million for construction cost (hereinafter “instant construction contract”).

At the time of concluding the instant construction contract, the Plaintiff and the Defendant drafted a new construction agreement containing the following contents (hereinafter referred to as “instant agreement”).

100 million won shall be paid as the contract deposit for the payment of the construction cost under the Newly-built Construction Work Convention (in the middle of understanding of construction agency).

The intermediate payment first: The second part of the intermediate payment of KRW 150 million (after the second part of the concrete building on the second floor): The remainder after deducting the remainder from the amount of the above payment agreement when Gap (Defendant) paid the material cost of the construction, on behalf of Eul (Plaintiff) before the date of the contract for the payment of the construction cost after the completion of the construction work, such as the fixed number, height, and boundary fence:

Value-added tax on all the construction costs shall be separately paid (post).

B. The Defendant paid to the Plaintiff the sum of KRW 100 million in down payment, KRW 150 million in the first intermediate payment, and KRW 250 million in total.

C. On October 15, 2013, the Defendant obtained approval for the use of the instant building, and completed registration of ownership preservation on the instant building following the date.

[Reasons for Recognition] Unsatisfy, entry of Gap 1-3 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the fact that the second intermediate payment claim was accepted, the Defendant agreed to pay the Plaintiff KRW 150 million of the second intermediate payment after the completion inspection with the Plaintiff at the time of concluding the instant construction contract, and the Defendant obtained approval for use of the instant building on October 15, 2013.

According to the instant agreement, the Defendant’s construction cost on behalf of the Plaintiff as to the part that the Plaintiff decided to construct in the instant construction contract.