1. The Defendant’s KRW 77,548,00 and its related KRW 6% per annum from October 15, 2019 to February 7, 2020 to the Plaintiff.

1. Facts of recognition;

A. C awarded a contract for Dental Corporation (hereinafter “instant construction”) to E, and E, during the said construction, subcontracted to the Defendant the machinery and equipment construction, etc., and on August 24, 2015, the Defendant concluded a contract for re-subcontracting the said machinery and equipment construction (hereinafter “instant subcontract”) with the Plaintiff at KRW 328,680,00 (including additional taxes) of the construction cost, and from July 1, 2015 to March 31, 2016 of the construction period, from July 1, 2015 to March 31, 2016.

B. While the instant construction is underway, a contract was entered into for the change of the original contract due to design modification several times. Accordingly, the construction period stipulated in the original contract was extended up to three times on July 30, 2016.

C. By June 2016, the Plaintiff completed additional construction following the construction of machinery and equipment and the modification of design as stipulated in the instant subcontract, and received total amount of KRW 267,50,000 from the Defendant during the period from September 9, 2015 to September 12, 2016 as the construction price.

On April 20, 2016, the Plaintiff claimed KRW 39,600,00 (including additional taxes) for additional construction costs following the design change of the instant machinery and equipment construction. On May 20, 2016, the Defendant claimed KRW 22,90,000 (hereinafter the same shall apply) as the price for additional construction costs following the design change of the machinery and equipment construction (including additional taxes) to E Co., Ltd. around May 20, 2016, the Defendant claimed KRW 12,50,000 (hereinafter the same shall apply), KRW 12,50,000 (seven-story additional construction costs), KRW 4,00,000 (three-story, fifth-story Warer pipeline construction), KRW 20,000,00 for additional construction costs following the design change of the machinery and equipment construction works.

In the lawsuit for construction cost, etc. between C and E (U.S. District Court Branch 2017Da400393, 402948 (Counterclaim), E claimed the additional construction cost due to a design change against C, and among them, it claimed KRW 55,438,097 as the additional construction cost relating to the instant mechanical installation work, and the court accordingly.