A. On February 3, 2016, the Defendant entered into a subcontract with the Plaintiff and the Plaintiff on February 3, 2016 with respect to the construction cost of KRW 132 million (including value-added tax; hereinafter the same shall apply) among the said construction works (hereinafter referred to as “instant construction works”), within 15 days from the date the ordering person received the payment of construction cost, and from March 1, 2016 to May 15, 2016, and entered into a subcontract with the construction period of KRW 24,849,00 on July 30, 2016, with respect to the construction cost of KRW 24,849,000, and the construction period of KRW 30 from April 3, 2016 to August 30, 2016.

B. The Plaintiff completed the instant construction work around August 30, 2016.

C. From May 10, 2016 to July 19, 2016, the Defendant paid a total of KRW 182.6 million to the Plaintiff as construction cost, and paid KRW 38,049,000 to the Plaintiff.

On the other hand, the Defendant received the remainder of construction cost from the Daegu Suwon-gu Office on September 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the facts found in the determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 2,42 million won (i.e., KRW 244,849,00 - KRW 18,260 million - KRW 38,049,00), and to pay damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from Sep. 1, 2016 to Oct. 1, 2016, when the Defendant received the remainder of the construction cost from the Daegu Sung-gu Office, and 15% per annum as to the existence and scope of the Defendant’s obligation to perform, from Oct. 1, 2016 to Dec. 1, 2017, which is the date of this decision, and the next day to the date of full payment.

The Plaintiff claimed for the payment of damages for delay from June 30, 2016, but the Plaintiff completed the instant construction work on or before August 30, 2016, and the construction cost is paid in the instant construction subcontract.