A. (1) On August 2015, the Plaintiff concluded a construction contract with the Defendant and the Defendant on a fixed period of time from August 17, 2015 to November 2, 2015 with regard to “the construction works for the replacement of 3CGGL facilities and equipment in light of the terms and conditions of “the construction works in this case” (hereinafter “instant construction works”), excluding roll installation works, among the construction works contracted by the Defendant, for which the Defendant and the Defendant received a contract for construction works from the Dong Pene Co., Ltd.: Provided, That the Defendant directly paid labor costs from the instant construction works to the employees of the instant construction works.

(2) The Defendant paid the instant workers KRW 79,715,00 as labor cost for August 2015, and KRW 245,407,50 as labor cost for September 2015, and KRW 330,767,50 as labor cost for October 2015, and paid KRW 5,645,00 as labor cost for KRW 10,000 and KRW 20,000 as labor cost for KRW 15,00 on November 13, 2015.

(3) On September 23, 2015, the Plaintiff completed the instant construction work.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the remainder construction cost of KRW 99,232,500 calculated by deducting the Defendant’s total labor cost of KRW 350,767,500 from the construction cost of KRW 450,00,00 in accordance with the instant construction contract, and the damages for delay calculated at each rate of KRW 15% per annum under the Commercial Act from September 24, 2015 to August 24, 2017, which is the day after the completion date of construction of the instant case, the copy of the claim and the application for change of cause of claim, from September 24, 2015 to August 24, 2017, the delivery date of the copy of the application for change of cause of claim, which is 6% per annum under the Commercial Act, and

2. Defendant’s assertion and judgment

A. The Plaintiff agreed to complete the instant construction by September 10, 2015 between the Defendant’s assertion, the Defendant, and the scco that ordered the instant construction. The instant construction is air to the relationship in which the operation of the sccoin was discontinued and the subsequent process is scheduled.