1. The Defendant’s KRW 46,546,751 as well as the Plaintiff’s KRW 6% per annum from January 19, 2013 to January 29, 2015.

1. Basic facts

A. On April 5, 2010, the Plaintiff entered into a subcontract with the Defendant for the steel framed, Changho, and metal construction (hereinafter “instant construction”) at KRW 245 million for the construction cost, and entered into a dispute as to whether the Plaintiff requested the discontinuance of construction pursuant to an agreement with the Defendant on June 30, 2010 while preparing the remainder of construction.

The construction was suspended.

On the other hand, at the request of the defendant, the plaintiff performed the steel-frame construction separately from the above steel-frame construction.

B. The Defendant paid 132,329,600 won to the Plaintiff with the instant construction cost (including the cost of materials not paid).

C. If the cost of materials based on price data on June 30, 2010, and the unit price of government wage on the upper half-term in 2010, among the instant construction works, is calculated based on KRW 294,619,021, and fire resistant construction cost is KRW 43,460,787, and the construction cost to be incurred if the same contractor executes the entire construction work of this case, is the total amount of KRW 364,453,825 (one total of KRW 240,740,740,285, KRW 76,505, KRW 040, KRW 47,202,50, and KRW 500).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 7, appraiser D's construction cost appraisal, and fact-finding results, the purport of the whole pleadings

2. We examine only the allegations and judgments of the Plaintiff and the Defendant, and only the final remainder that has been actually withdrawn.

According to the above facts, the instant construction contract between the Plaintiff and the Defendant was agreed on June 30, 2013.

However, there is no evidence to prove that there was a separate agreement on the settlement of the construction cost of this case at the time.

Therefore, it is reasonable to calculate the progress payment, etc. by the following methods, and to determine the settlement amount.

B. According to the appraisal result of the instant appraisal, the Plaintiff is the steel construction cost of KRW 294,619,021, the steel construction cost of KRW 61,083,202, and metal construction cost of KRW 47,202,50, and thus, the completion of the instant steel frame construction.