A. On August 11, 2014, the Plaintiff was awarded a contract with the Defendant for the new construction of the Gangseo-gu general industrial complex (hereinafter “instant factory”) on the 4-6BL of Gangseo-gu general industrial complex (hereinafter “instant factory”) and determined the construction amount of KRW 1,936,00,000 (including value-added tax) and the construction period from August 20, 2014 to December of the same year.

B. Since then, the above contract was changed several times, and the construction price was finally changed by KRW 2,321,00,000 (including value-added tax) and the construction period was changed by January 31, 2015, and the payment date was changed by up to 30 days after approval for use.

(hereinafter referred to as “instant construction contract”) finally modified the said contract

C. On February 2015, the Plaintiff completed the construction under the instant construction contract, and obtained approval for the use of the instant factory around February 16, 2015.

The Defendant paid the Plaintiff KRW 2,081,00,000 as construction price by the end of October 2015, and KRW 50,000,000 on November 27, 2015, and KRW 50,000,00 on November 30, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 2 and 3 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above fact of finding the Plaintiff’s cause of claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 240,000,000 unpaid construction cost under the instant construction contract (i.e., KRW 2,321,00,000 - KRW 2,081,00,000) minus KRW 75,466,00 as damages liability in lieu of defect repair to the Defendant, barring any special circumstance.

B. The Defendant’s assertion and its determination 1) premised on the existence of a defect in the instant construction works, and the Defendant’s assertion that there was a defect that requires 148,573,000 won (it does not amount to KRW 75,46,00,00 recognized by the Plaintiff) in connection with the instant construction works, and thus, the Defendant’s defect repair.