2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

A. On September 18, 2012, the Plaintiff entered into a subcontract with the Defendant for construction of reinforced concrete (hereinafter referred to as “instant construction”) at KRW 264,00,000 during the construction period, and between September 10, 2012 and November 30, 2012, between September 10, 2012 and November 30, 2012, with compensation for delay at KRW 2/1,00 of the daily contract amount per delay.

(hereinafter referred to as the “instant subcontract”). (b)

Accordingly, the Defendant performed the instant construction work with Nonparty D as the person responsible for the instant construction site, and submitted a performance guarantee to the Plaintiff on September 27, 2012, and received KRW 12,490,500 from the Plaintiff on September 28, 2012.

C. On the other hand, on November 5, 2012, the Plaintiff submitted a written waiver of construction work to the effect that on October 31, 2012, the Plaintiff received a seizure and assignment order (the claim amounting to KRW 175,00,000) on the instant claim for the construction cost, which was made by the Plaintiff as the obligee, Defendant, and the garnishee (the representative D) (hereinafter “instant assignment order”); and on November 13, 2012, the Defendant submitted to the Plaintiff a written waiver of construction work that “the Defendant waives the instant construction work, and the Plaintiff assumes the obligation of the Plaintiff with respect to the accounts verified in relation to the construction work, and confirms that all the obligations and obligations are owed to the Defendant at the time of the occurrence of subsequent claims.”

Since then, the progress of the instant construction was suspended, and the Plaintiff urged the Defendant to perform the construction works several times, but failed to comply therewith, the Plaintiff terminated the instant subcontract on February 4, 2013 and directly completed the remaining construction works.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1 to 2 evidence, Eul 4 to 5 evidence (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff asserted that the instant construction project was delayed between 66 days (from December 1, 2012 to February 4, 2013) by the Defendant, and the Defendant paid 34,848,000 won for delay (=264,00,000 won x 66 days x 2/1000) and damages for delay.