1. The Defendant’s KRW 8,640,628 as well as 5% per annum from September 15, 2015 to December 1, 2016 to the Plaintiff.

1. Basic facts

A. On May 20, 2015, the Plaintiff was awarded a contract with the Defendant for the construction of infrastructure for the glamping site B and one parcel of land (hereinafter “instant construction”) on the basis of the contract price of KRW 120,000,000 (excluding value-added tax) and the construction period from May 20, 2015 to June 30, 2015.

B. On July 23, 2015, the Plaintiff, while carrying out the instant construction project, delivered a letter glamping box to the Defendant. On August 26, 2015 and September 9, 2015, the Defendant sent the content-certified mail demanding the Plaintiff to repair the failure to complete the instant construction project and repair the defects.

C. The Defendant paid KRW 80,000,000 to the Plaintiff for the construction cost of the instant case.

The term of the instant construction works is KRW 83,540,00, KRW 24,070,000, and the cost of repair of defects is KRW 4,518,00.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Eul evidence 3-1 and Eul evidence 3-2, appraiser D's appraisal result, each fact inquiry result of this court's appraiser D, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the construction price of KRW 80,00,000 under the instant construction contract was deducted from KRW 120,000,000, which was paid by the Defendant, and KRW 40,000,000, which was paid by the Defendant, and KRW 2,501,00, which was added to the instant construction contract under the instant construction contract, deducted from KRW 12,728,260, and KRW 4,518,00, which was paid for defective repair costs, 28,203,370.

The Defendant asserts that the construction cost is KRW 79,02,00,000 if the construction cost is deducted from KRW 83,540,000, which is the term of the instant construction work, is KRW 83,540,000, and the construction cost is KRW 79,02,000, which is already paid to the Plaintiff as the construction cost of the instant case, and thus, there is no additional payment.

B. In the event that the contractor of the instant construction contract has to settle the construction cost due to the cancellation of the construction contract without completion of the construction work, barring special circumstances, such as where there exists a special agreement on the calculation of the construction cost or the rate of the maturity, the contractor shall not complete the construction work.