A. On April 1, 2014, the Plaintiff concluded the instant construction contract with the Defendant (hereinafter “instant construction contract”).

A contractor: The period of construction of KRW 69,900,000 (including additional tax: KRW 76,890,000): From April 1, 2014 to May 31, 2014: Advance payment - The intermediate payment of KRW 20,000 after receipt of contract performance securities - Settlement on May 20, 2014 - The settlement of accounts on May 20, 2014 - The defective performance securities and settlement agreement approved

B. After that, the construction cost of this case became the total construction cost of KRW 193,400,000 (including value added tax of KRW 212,740,00) due to the increase in the volume of construction work.

C. The Plaintiff completed the instant construction project around June 30, 2014.

Of the instant construction cost, the Plaintiff received KRW 171,930,000 ( KRW 22,00,000,000 on April 30, 2014; KRW 101,60,000 on May 20, 2014; KRW 10,160,000 on June 13, 2014; KRW 38,170,00 on June 19, 2014) from the Defendant. Here, if the Defendant deducts KRW 1,650,00 on behalf of the Plaintiff, the amount unpaid by the Defendant out of the instant construction cost is KRW 39,160,00 (including additional taxes); KRW 1,650,00 on June 19, 2014; KRW 1,650,00 on behalf of the Plaintiff.

E. On July 23, 2014, the Defendant’s employees C sent to the Plaintiff an e-mail a written settlement of accounts for the instant construction project, stating that the instant construction cost was KRW 212,740,00,000, after deducting the fixed payment and the fixed payment from the fixed payment, is KRW 35,60,000 (excluding the amount of additional tax).

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1-1, 2, Gap evidence 3-1, 2, Eul evidence 3-1 through 4, the purport of the whole pleadings

2. According to the above facts finding as to the Plaintiff’s claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 39,160,000 and delay damages therefor.

3. Judgment on the defendant's defense

A. The Defendant asserting the deposit of the defect repair deposit, shall either submit the defective performance bond in the instant construction contract or 10% of the construction cost.