Preliminary Defendant’s KRW 106,371,562 as well as 6% per annum from May 26, 2017 to December 10, 2019.

Basic Facts

On March 9, 2016, Defendant B awarded a contract to Defendant Company for the extension of the building on the ground and three lots of land funeral hall (hereinafter “the extension construction of this case”).

Around November 2016, Defendant Company contracted the building stones (hereinafter “the instant building stones”) among the instant extension works to the Plaintiff.

On November 14, 2016, the Plaintiff received KRW 165,00,000 from Defendant B as the price for stone construction, and KRW 135,00,000,000 from Defendant Company around January 2017.

Around April 2017, the instant stone construction was suspended, and the instant stone construction was also suspended around that time.

On April 27, 2017, when the Defendant Company could not complete the instant extension work by April 30, 2017, the Defendants agreed to waive the said construction work and to succeed to the said construction by Defendant B.

(hereinafter. (hereinafter referred to as the instant agreement) around May 2017, Defendant B notified the Defendant Company that the instant extension project was not completed by April 30, 2017, and reached the Defendant Company around that time by notifying the Defendant Company that the instant extension project was terminated.

[Ground] The plaintiff's claim against the defendant Eul as to Gap evidence 4, Eul's evidence 1-2, Eul's testimony, each part of witness E and F's testimony, the whole purport of the pleading, and defendant Eul's assertion against the defendant Eul as to the building work of this case. The plaintiff has a claim against the defendant company for the payment of the construction work of 106,371,562 won calculated by deducting the 300,000,000,000 won, which was paid at the 406,242,091 won, and the additional construction work cost due to the change of the outer wall of the building from the board to the chemical stone of this case from the board of directors to the chemical stone of this case, and the additional construction cost of 13,607,92,921 won, and the additional construction cost of 40,371,562 won due to the change of the central stairs of the building to the chemical stone of this case from the board of directors.