A. On May 18, 2015, the Plaintiff: (a) entered into a contract with the Defendant on May 18, 2015, under which the Plaintiff entered into a contract with the Defendant to enter into a contract for the construction of the Cateat Project with the term “B”; (b) from May 18, 2015 to June 28, 2015, the construction period was fixed as KRW 36,00,000 for the construction cost; and (c) accordingly, the said construction was completed; (d) the Defendant paid the Plaintiff KRW 14,40,000 for the construction cost.

B. The Plaintiff completed the construction cost of E’s facilities, sculptures, and waterproof construction work in Suwon D with a fixed amount of KRW 26,00,000,000. The Plaintiff received payment of KRW 19,090,909 out of the construction cost.

【Reasons for Recognition: Each entry in Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. Determination as to the claim on the principal lawsuit

A. According to the above facts, the Defendant, barring special circumstances, has the obligation to pay the Plaintiff the C Facility Construction Costs of KRW 21,600,000 ( KRW 36,00,000 - KRW 14,400,000) and KRW 6,909,091 ( KRW 26,000 - KRW 19,90,909) and damages for delay calculated at each annual rate of KRW 15% as provided by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as the Plaintiff seeks, with respect to the existence and scope of the obligation, from February 5, 2016 following the delivery of a copy of the complaint of this case, which is deemed reasonable for the Defendant to dispute on the existence and scope of the obligation, from February 5, 2016 to October 21, 2016.

B. The Plaintiff entered into a construction contract with the Defendant as to KRW 5,760,000 of the C Additional Facility Work Costs, KRW 12,000,000, and KRW 3,300,000 in total for the repair of defects and for other works, and KRW 400,000 in the Glil Facility Work Costs, and the construction was completed accordingly, the Defendant is obligated to pay the Plaintiff the sum of the above construction cost, KRW 21,460,00 in total, and damages for delay. However, in light of the statement in subparagraph 6, the Plaintiff is obligated to pay the Plaintiff the sum of the construction cost.