A. The Plaintiff’s assertion 1) On May 25, 2016, the Plaintiff determined the construction amount of KRW 67,100,000 (including value-added tax) for the portion of a funeral construction among the portion of a new construction project conducted by the Defendant in the military-grade Down-gun, the Defendant performed (hereinafter “instant construction project or construction contract”).

(2) The Plaintiff concluded the instant construction. (2) Although the Defendant did not pay KRW 67,100,000 for the construction cost even though the Defendant completed the instant construction, the Plaintiff is demanding to pay the said money and the amount calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 22, 2018 to the date of full payment, which is the day following the date of completion of defect repair.

B. Although the Defendant’s assertion that the instant construction contract was concluded is acknowledged, the construction cost cannot be paid before repairing any defect (e.g., crowdfunding or remote areas) in the instant construction work.

2. However, the Defendant recognized the fact that the instant construction contract was concluded and the construction price was not paid.

In addition, according to the evidence Nos. 3 and 4, the Plaintiff is recognized to repair the defects of the instant construction by June 21, 2018.

Therefore, the defendant is obligated to pay the construction cost requested by the plaintiff and the above delay damages.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.