A. On December 23, 2013, the Defendant awarded a subcontract to the Plaintiff on December 23, 2013 by stipulating that the “B” amount of construction cost is KRW 590,000,000 (excluding value-added tax) and the construction period is from December 23, 2013 to September 30, 2014; and that the payment of construction cost is paid the remainder other than the field labor cost in the month following the issuance date of the tax invoice.

B. On May 2015, the Plaintiff notified the Defendant of the suspension of construction due to the overdue payment of the construction cost after March 2015, and dismissed it at the construction site.

At this time, the construction height was 56.25% as stated in the specifications of weather (Evidence A No. 3-2) prepared by the plaintiff and the defendant involved in both sides.

C. As above, the amount that the Defendant paid to the above subcontractor was KRW 307,550,400 (excluding value-added tax) including the labor cost until the Plaintiff completed the said subcontract at the construction site.

[Ground of recognition] Each entry of Gap evidence Nos. 1 and 3 (including serial number) and the purport of the whole pleadings

2. According to the facts stated in paragraph (1) of the judgment, on May 2015, the construction cost incurred by the Plaintiff’s construction until the Plaintiff completed the said construction site was KRW 331,875,00 at the time of exclusion from value-added tax (i.e., the construction cost at KRW 590,00,000,000, and KRW 56.25% at the time of exclusion from value-added tax). The construction cost paid by the Defendant up to this time was KRW 307,50,40 at the time of exclusion from value-added

Thus, the defendant is liable to pay the plaintiff the unpaid construction cost of KRW 26,757,060 (=(331,875,000 - 307,550,400 - 307,550, 400) and the delay damages.)

Accordingly, according to the construction contract concluded with the Plaintiff, the Defendant agreed to submit a contract guarantee for the amount equivalent to 10% of the construction cost as a guarantee for the performance of the contract. Since the Plaintiff unilaterally ceased construction on May 2015, the Defendant asserted that the Defendant acquired the damage claim against the Plaintiff amounting to KRW 59,00,000 (= KRW 590,000,000).