1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On June 15, 2015, the Plaintiff entered into a contract with the Defendant and C Facility Corporation (hereinafter “instant construction”) with respect to the construction cost of KRW 149,00,000 (excluding value-added tax) and the construction period from July 13, 2015 to August 15, 2015 (hereinafter “instant contract”).

B. On July 20, 2015, the Plaintiff and the Defendant, within the construction scope of the instant contract, excluded the parts of the freezing warehouse construction from the construction scope and changed the construction cost into KRW 127,890,000 (excluding value-added tax). On July 23, 2015, the Plaintiff and the Defendant excluded the portion of electrical construction from the construction scope of the instant contract, and changed the construction cost into KRW 105,00,000 (excluding value-added tax) and the construction period into August 31, 2015, respectively.

C. On August 31, 2015, the Plaintiff completed the instant construction.

On September 15, 2015, the Plaintiff and the Defendant agreed to reduce the construction cost of KRW 95,00,000 (excluding value-added tax) (hereinafter “instant agreement”).

By May 25, 2016, the Defendant paid the Plaintiff KRW 100,000,000 as the construction cost.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff was not paid KRW 4,50,000 among the construction cost under the instant agreement (=104,50,000 (= KRW 95,00,000 value-added tax of KRW 95,500,000) - The Plaintiff did not receive any additional construction cost of KRW 1,697,400,00, even though the additional construction cost was paid at the Defendant’s request.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 6,197,400 (= KRW 4,500,000) and damages for delay.

B. The Defendant’s assertion does not have any duty to pay KRW 1,697,400 to the Plaintiff, since the Defendant requested additional construction works or concluded an additional construction contract with the Plaintiff.

3. We examine the judgment, and pursuant to the agreement of this case from the defendant.