1. The Defendant’s KRW 37,400,00 and the Plaintiff’s annual rate of KRW 5% from January 7, 2016 to April 27, 2017.

1. Facts of recognition;

A. On May 28, 2015, the Plaintiff was subcontracted to the following terms by the Defendant (formerly, B Co., Ltd.) for “the instant construction work” (hereinafter “instant construction work”) in the C apartment construction site:

(hereinafter referred to as the “instant construction contract”. - The name of the contract: 125,40,000 won (including value-added tax): Contract amount: 125,40,000 won (including value-added tax) for the soil and sand within the construction site of the apartment complex C: From June 1, 2015 to July 31, 2015 - the transport section: - the transport section between D and E - the size of B/H (C) - the special agreement: 1.0 metres, 25.5ton - the special agreement: the management of the soil and sand treatment site that there is no settlement of increase or decrease in the volume of soil and sand contained in the construction waste treatment (excluding industrial wastes and specific wastes) in the site.

B. The Plaintiff removed private land from June 17, 2015 to October 21, 2015 under the instant construction contract.

C. The Defendant paid KRW 88,000,000 to the Plaintiff out of the construction cost of the instant construction project.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant is obligated to pay the Plaintiff the remainder of KRW 37,400,000 ( KRW 125,400,000 - KRW 88,000,000) for the construction cost of the instant construction project and the delay damages therefrom, except in extenuating circumstances.

B. The Plaintiff’s assertion as to the increase in the construction cost of the instant portion 1, which was not recognized, started work from June 17, 2015, and the Plaintiff promised to pay KRW 16 million if, at the time of entering into a contract, the volume of sand increases more than that of the Plaintiff and the Defendant, resulting in the suspension of work, and as a result, the work was suspended.

On October 21, 2015, the Plaintiff increased the volume of earth and sand to 1,412 cubic meters from 28,000 cubic meters to 29,412 cubic meters.