1. The Defendant’s KRW 1,150,795,480 for the Plaintiff and 6% per annum from September 12, 2017 to August 8, 2019.

Basic Facts

On May 18, 2016, the Defendant entered into a contract for construction works (hereinafter “instant contract”) with the Plaintiff, setting the construction cost of KRW 11,381,040,000 (including value-added tax) for the construction works of Jeju-si Officetel (hereinafter “instant building”) as the construction cost of KRW 11,381,040,00 (hereinafter “instant construction works”) and the construction works that the Defendant contracts to the Plaintiff (hereinafter “instant contract”).

On July 1, 2016, the Defendant concluded a contract to reduce the construction cost to KRW 10,201,00,000 (including value-added tax) instead of performing separate construction work for electricity, fire fighting, and telecommunications among the instant construction works, and to make the construction period revised from July 1, 2016 to October 30, 2017.

The Plaintiff commenced the instant construction work in accordance with the instant contract, and the Defendant paid KRW 3,336,250,000 to the Plaintiff during the construction period as a progress payment.

Since then, as disputes arise between the Plaintiff and the Defendant regarding the amount of progress payment, the Plaintiff suspended the instant construction from July 20, 2017.

The Defendant continued the construction of the instant building and obtained approval for the use of the instant building on August 6, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 16 and Eul evidence Nos. 1, 10 and 10 (including serial numbers; hereinafter the same shall apply), and the part of the claim for agreed amount based on an agreement on the determination of construction cost as to the ground of claim by the plaintiff as to the whole purport of the argument as a whole, the plaintiff and the defendant agreed to settle the unpaid amount of construction work of this case at KRW 1,574,257,00, around September 2017, so the defendant is obligated to pay the plaintiff KRW 1,574,257,00 according to the above agreement.

In light of the statement in Gap evidence No. 11, an agreement was reached between the plaintiff and the defendant on the settlement of the progress payment, and there was a considerable ratio of opinion on the specific amount of settlement in the process.