A. A. Around February 2017, the Defendant was awarded a contract with C for a newly built multi-household house on the D ground (hereinafter “instant newly built construction”) at KRW 980,00,000 for the construction cost (excluding value-added tax).

B. On August 24, 2017, the Plaintiff was awarded a subcontract for the termination of the instant new construction works (hereinafter “instant termination works”) from the Defendant to KRW 460,00,000 for the construction cost (excluding value-added tax).

The Plaintiff and the Defendant set the construction period from August 28, 2017 to October 30, 2017, and set the rate of compensation for delay as 0.1% of the construction cost.

C. However, among the instant new construction works, the construction of reinforced concrete, electrical construction, and other construction was delayed due to the Defendant’s failure to complete the construction of reinforced concrete, the Plaintiff, at the Defendant’s request, entrusted the completion of the construction of reinforced concrete, and completed it on October 10, 2017.

After that, around October 20, 2017, Maul House used for the relevant reinforced concrete construction was removed, and the Plaintiff commenced the instant marina work on October 25, 2017 and completed the Maul Construction on December 30, 2017.

E. On or before March 6, 2018, the Plaintiff received KRW 331,30,880 from E as progress payment for the instant closed construction from the Defendant and has yet to receive KRW 128,669,120 (i.e., KRW 460,00,000 - KRW 331,330,880) and value-added tax 12,86,912 in total, KRW 141,536,032 in value-added tax, and value-added tax 17,626,130 in value-added tax on the previous completed construction payment, which was issued by the Plaintiff as of November 22, 2017 and December 18, 2017.

F. Meanwhile, while the Plaintiff was carrying out the instant finishing construction, the Plaintiff was awarded a contract for an additional construction from F Co., Ltd. to January 10, 2018, and performed it from February 30, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 6, 8 through 12, Eul evidence Nos. 1 and 2, video (including paper numbers), oral arguments.