1. The Defendant’s KRW 38,160,00 for the Plaintiff and KRW 6% per annum from August 3, 2017 to October 16, 2018.

1. The following facts of recognition may be found, either in dispute between the parties (including the fact that the plaintiff is a person), in Gap evidence 1, 7, and Eul evidence 2, together with the purport of the whole pleadings:

On November 22, 2016, the Plaintiff was awarded a contract with the Defendant for KRW 74 million (i.e., intermediate payment of KRW 222 million and value-added tax, separate from the intermediate payment of KRW 29.2 million).

B. At the time of the foregoing agreement, the down payment of KRW 22.2 million (excluding value-added tax) was received at the time of receipt of contract guarantee and advance payment guarantee, and the intermediate payment of KRW 29.6 million (excluding value-added tax) was received at the time of completion of examination or consultation between both parties, and was paid at each time of completion.

C. The Plaintiff received advance payment from the Defendant on December 12, 2016 in relation to the instant construction project, and the intermediate payment was paid KRW 15 million on January 13, 2017, KRW 10 million on March 10, 2017, and KRW 4.6 million on March 31, 2017.

The Plaintiff completed the construction work equivalent to KRW 62 million, excluding 1 accelerators and 2 voltage pumps.

E. On the other hand, on April 18, 2017, the Plaintiff and the Defendant agreed that the Plaintiff keep the electrical panel boxes (hereinafter “instant electrical panel boxes”) to the Defendant by June 30, 2017, and the Defendant shall pay the Plaintiff KRW 25 million as the price for the goods upon the lapse of the said period.

After that, the Plaintiff had extended the said time limit to September 10, 2017, but the Defendant did not return it within the said time limit.

2. Determination

A. According to the above findings of the determination as to the cause of the claim, barring any special circumstance, the Defendant’s agreement between the Plaintiff and the Defendant on the cost of construction (i.e., the remainder of value-added tax 2.6 million won - value-added tax 2.2 million won - the unpaid part of the intermediate payment - KRW 12.2 million for the unpaid part of the construction), and the cost of goods sold by the electrical panel boxes and the Defendant is a conditional sales contract.