A. The plaintiff and the defendant are companies engaged in civil engineering work business, building work business, etc.

B. On March 7, 2016, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant, who was awarded a contract with the High School for meal service facilities and multi-purpose steel construction works for the said new construction works (hereinafter “instant reinforced concrete construction works”) with respect to the construction cost of KRW 288,200,00 for the said new construction works (including value-added tax) and the period of construction from April 7, 2016 to April 30, 2016. On April 30, 2016, the Plaintiff changed the construction period between the Defendant and the instant subcontract to the period of construction from July 15, 2016.

C. During the instant construction period, the Plaintiff received a total of KRW 200,350,000 from the Defendant as the construction price, and completed the instant reinforced concrete construction on September 24, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above findings of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the agreed construction cost of KRW 87,850,000 (i.e., the agreed construction cost of KRW 288,200,000 - the agreed construction cost of KRW 200,350,000) and the delay damages therefrom, unless there are special circumstances.

B. The Defendant asserts that the amount equivalent to the penalty for delay stipulated in the instant subcontract should be deducted, since the Plaintiff’s construction of the instant reinforced concrete was completed on July 15, 2016, which was the completion date of construction stipulated in the instant subcontract, and the Defendant claimed that the amount equivalent to the penalty for delay stipulated in the instant subcontract should be deducted.

In full view of the purport of Gap evidence No. 1-1 and the whole arguments, where the plaintiff did not complete the construction work within the construction period while entering into the instant subcontract with the defendant on March 7, 2016, the plaintiff multiplied the interest rate of 0.1% and the number of delayed days as stipulated in the said subcontract by the construction cost.