A. On August 10, 2014, the Defendant, who runs the food chain business, concluded a contract for the interior works (hereinafter “instant construction”) with the Plaintiff, under which the interior works are contracted as follows.

o Construction site: 121,00,000 won (including value-added tax) for the construction period from August 12, 2014 to August 28, 2014.

B. The Defendant paid 88 million won to the Plaintiff as construction cost of this case.

[Reasons for Recognition: Facts without dispute, Gap evidence, Gap evidence No. 1, Gap evidence No. 4, purport of the whole pleadings]

2. Assertion and determination

A. 1) In full view of the above facts as to the Plaintiff’s claim for the construction cost of this case, the Defendant is obligated to pay the Plaintiff the remaining construction cost of KRW 33 million (i.e., KRW 121,00,000 - KRW 88,000,000) and damages for delay. 2) The Plaintiff determined additional construction cost of the instant construction cost of KRW 33,330,00 at the Defendant’s request during the instant construction work, and implemented additional construction works for the reinforcement of the educational room. The Plaintiff asserted that additional construction cost of KRW 2,736,80 was incurred as to the portion of the electric lighting (i.e., KRW 36,06,80) (i., KRW 33,330,000, KRW 2736,800). However, there is no evidence to acknowledge additional construction cost of KRW 2-2 through 4 (i.e., estimate) and 5 (i., estimate).

The plaintiff's claim for this part is rejected.

B. The Defendant’s assertion as to the Defendant’s assertion: (a) at the time of the instant construction contract, the Defendant agreed to pay the Plaintiff a penalty of KRW 15 million where the Defendant was unable to complete the construction by August 28, 2014; (b) the Plaintiff delayed construction works by the end of September, 2014; and (c) the Plaintiff’s delay in construction works by the end of September 2014.