The defendant's KRW 41,10,000 for the plaintiff and its 5% per annum from August 20, 2019 to November 10, 2020.

1. Basic facts

A. The Plaintiff is a person who recruits the human body and carries out small-scale construction, and the Defendant is a person who carries on the construction business under the trade name of “C”.

B. From October 2018 to November 21, 2018, the Plaintiff subcontracted the CIP Civil Works (hereinafter “instant Works”) to KRW 65,000,000 for the construction cost, among the Works for Remodelling of the EM in Jongno-gu Seoul, Jongno-gu Seoul (hereinafter “instant Works”) from the Defendant, and worked from October 15, 2018 to November 21, 2018.

C. The Plaintiff received KRW 55,000,000 from the Defendant as the instant construction cost, and KRW 12,000,000 from the instant construction work executed by the Plaintiff was directly paid by the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 2, purport of whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s summary of the Plaintiff’s assertion was subcontracted to KRW 65,000,00 for the instant construction project by the Defendant.

While the Plaintiff was running the instant construction, the construction method was changed due to ground conditions, etc., and the construction cost increased as the additional construction work was conducted, and the Defendant agreed to pay the additional construction cost to the Plaintiff.

The plaintiff, including the additional construction work, completed the construction work, and the total amount of the construction cost to be paid by the defendant is KRW 114,144,00.

The Plaintiff received total of KRW 67,00,000,000, including the amount of KRW 12,000,000 paid directly by the Defendant from the Defendant.

Therefore, the defendant is obligated to pay the remaining construction cost of KRW 47,144,00 and delay damages to the plaintiff.

Meanwhile, around February 23, 2019, the Plaintiff settled and sent the message to the Defendant at least KRW 41,110,000, and the Defendant agreed to pay the amount by March 11, 2019. As such, the Defendant is liable to pay the said amount to the Plaintiff at least.

B. The Defendant’s summary of the Defendant’s assertion determined construction cost of KRW 65,000,000 and subcontracted the instant construction work to the Plaintiff.

During the construction work, the Plaintiff is a watering.