A. On August 26, 2013, the Defendant entered into a construction contract with the Plaintiff and Gyeonggi-do with respect to the construction work for the site for the second site for electric power supply (hereinafter “instant construction work”), which stipulates that construction cost of KRW 170,500,000 (including value-added tax) for the construction work and the construction period from August 28, 2013 to September 30, 2013; 60% of the construction cost shall be paid at the construction progress rate; and the balance of construction cost of KRW 40% shall be paid within 30 days after the completion of the construction work (hereinafter “instant construction contract”); and the “construction completion” refers to the construction completion of the instant site for electric power supply housing.

B. The Plaintiff received each payment of KRW 46,50,000,000 from the Defendant on September 17, 2013, under the instant construction contract, as the payment for construction work under the instant construction contract, and KRW 30,00,000 on November 6, 2013, and KRW 46,50,000 on December 31, 2013.

C. The Plaintiff completed the instant construction work before filing the instant lawsuit.

[Ground of Recognition] Facts without dispute, entries in Gap evidence 1, 2, 4, and 7 (including each number), images, and the purport of the whole pleadings

2. According to the judgment on the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 20% per annum from December 20, 2014 to the day of full payment, barring any special circumstance (i.e., 170,50,000 won - 17,050,000 won - 30,000 won - 46,500,000 won), and to pay delay damages at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from December 20, 2014 to the day of full payment.

3. Judgment on the defendant's assertion

A. Since the Defendant stated that part of the construction cost under the instant construction contract will be paid after completion, the Plaintiff must complete the construction work as well as completion in order for the Plaintiff to claim the construction cost against the Defendant. The Plaintiff did not complete the instant construction work, and the Plaintiff’s claim is without merit.

The completion of the work shall be ...00.