A. The Plaintiff is a person who carries out construction of agricultural materials in the name of “D”, and the Defendant is a corporation with the purpose of growing molecules and wholesale and retail business of seedlings.

B. In around 2013, the Defendant applied for the payment of subsidies for the instant construction project to the Net Chang-gun, which promoted the construction work of the 46 non-fash-type 46 non-fash-type 4, a single unit of the 46 unit of non-fash-gun (hereinafter “instant construction work”).

C. On May 13, 2013, the Defendant received a decision to grant subsidies for the instant construction from the Net Chang-gun, and according to the plan to grant subsidies from the Net Chang-gun, the Defendant was KRW 30,966 square meters in business size, KRW 568,660,00 in total project cost, and the amount of subsidies paid was KRW 321,684,00 in total.

Around March 18, 2013, the Defendant contracted the instant construction to the Plaintiff, and the Defendant paid KRW 525,727,543 in total to the Plaintiff the construction cost from March 18, 2013 to July 13, 2014.

E. Around 2014, the Defendant requested for the completion of the instant construction project to the Seog Chang-gun. The Net Chang-gun confirmed that the construction area was 31,252 square meters, and confirmed that the total project cost was 590,443,378 won, and paid the Defendant a total of KRW 321,684,000 on June 30, 2014 and February 27, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, each fact inquiry result of the court of first instance with respect to the order of the court of first instance, purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The Plaintiff contracted the instant construction work to the Plaintiff on or around 2013, while the total construction cost of the instant construction work contracted by the Defendant was KRW 590,443,478, and the Defendant paid the Plaintiff KRW 525,727,543 as the construction cost. As such, the Defendant is obligated to pay the Plaintiff the unpaid construction cost (= KRW 590,443,478 - KRW 525,727,543) and the delay damages therefrom (=the Defendant contracted the instant construction work to the Plaintiff, but there was no specific construction cost, such as the design drawing of the said construction work, and there was no method of calculating the construction cost and subsequent method.