1. The Defendant’s KRW 24,169,242 as well as the Plaintiff’s KRW 6% per annum from November 21, 2018 to March 3, 2020.

1. Facts of recognition;

A. On July 13, 2018, the Plaintiff determined the construction period as KRW 424,60,000 (including value added tax) for remodeling of the Defendant and the Ewa Holdings 1 floor and the second floor located in Gangseo-gu Seoul Metropolitan Government from July 13, 2018 to August 5, 2018, and concluded a construction contract (hereinafter “instant construction contract”). The construction period for remodeling of the F portion of the Co., Ltd. F is the same as the construction period, and the construction cost is KRW 16,50,000 (including value added tax).

B. In addition to the construction stipulated in the instant construction contract, the Plaintiff performed construction works listed in the separate sheet of attached construction works according to the Defendant’s instruction, and on November 20, 2018, requested the Defendant to pay the construction price for the additional construction works.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 8, 9, and 11 (including Serial number), appraiser G's appraisal result, and each fact-finding reply result, the purport of the whole pleadings

2. Determination

A. In the case of a contract for construction works for which the total construction cost has been determined, the contractor is not obligated to pay the contractor the amount exceeding the original construction cost as the construction cost, except in extenuating circumstances; however, there is only room for the contractor to pay the additional construction cost if the contractor does an additional construction work not under the original contract

(2) In a case where there is a dispute as to whether a part of a construction work is included in the original contract or is an additional construction work, the determination should be made by comprehensively examining all the circumstances, including the purpose of the construction contract, the circumstances leading up to the contractor’s order or implied agreement, the contents of the contract agreement, the content of the additional construction work, the ratio of the additional construction cost to the total construction cost.

[See Supreme Court Decision 2010Da70223, Sept. 13, 2012 (principal lawsuit), 2010Da70230 (Counterclaim)] B.

As seen earlier, the Plaintiff is the Plaintiff.