A. On May 21, 2016, the Defendant concluded a contract with the Plaintiff for the construction cost of KRW 137,50,000 and the construction period from May 21, 2016 to July 20, 2016 with respect to the construction of the Seo-gu Seoul District Office Building (hereinafter “instant building”).

(hereinafter “instant contract”). (b)

The Plaintiff completed the instant construction work around September 2016.

C. The Defendant partially paid the construction cost of this case to the Plaintiff, and the payment of the construction cost equivalent to KRW 40,000,000 as of the date of closing the argument of this case remains.

[Reasons for Recognition] The written evidence Nos. 1, 6, and 7 and the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of construction cost of KRW 40,000,000 and damages for delay calculated at the rate of 15% per annum from July 12, 2017 to the date of complete payment, which is the day following the delivery date of the original copy of the instant payment order, to the day of full payment.

3. Judgment on the defendant's assertion

A. 1) The Plaintiff, while performing the instant construction, suffered damage by causing damage to the neighboring housing (owner D) of the instant building. As a result, the Defendant filed a civil petition against D and brought a lawsuit. The Plaintiff must first resolve the instant civil petition and lawsuit. 2) The Plaintiff constructed the instant building at a height of 80 cm from the floor without removing rocks on the ground that the instant building had been constructed at a height of 20 cm from the floor as design drawings, even though the Plaintiff had to construct the instant building at a height of 20 cm from the floor, on the ground that the rocks turned out on some of the floor, and at will, constructed the instant building at a height of 80 cm from the floor without removing rocks. As such, the Defendant was unable to use the land of 21.26 m3,572 won (=21.26 m26 x 857,788 won).

3. The plaintiff on the 70th day after the scheduled construction period.