1. Basic facts

A. Around November 2013, the Plaintiff entered into a contract with the Defendant to implement construction cost of KRW 42,000,000 (hereinafter “instant construction contract”).

B. On June 13, 2014, the Plaintiff had a dispute over the payment of the construction price of this case with the Defendant and the Defendant suspended the instant construction work at a rate of 90%, and the Defendant had another company implement the remainder of the construction work.

C. The Defendant paid a total of KRW 27,000,000 to the Plaintiff by June 23, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9 (including additional numbers), Eul evidence 3-1 and Eul evidence 3-2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant is obligated to pay the Plaintiff the instant construction cost of KRW 42,00,000 and additional construction cost of KRW 1,370,000. The instant construction cost was suspended at a rate of 90% and the Defendant paid the Plaintiff the construction cost of KRW 27,00,000. Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 16,370,000 (= KRW 43,700,000 - KRW 27,700,000) and the delay damages thereof. (2) The Defendant’s assertion that the Defendant paid the Plaintiff the construction cost of KRW 27,70,000,000, and the actual construction cost of KRW 17,702,984,97,00,000 at the time of the Plaintiff’s discontinuance of the instant construction work, and the Plaintiff’s actual construction cost of KRW 6,006,00.

Therefore, the Plaintiff is obligated to pay the Defendant the total amount of KRW 13,063,016 (= KRW 9,97,016) and the delay damages amounting to KRW 3,06,00).

Even if the progress rate of the construction of this case is 90% as the plaintiff's assertion, the unpaid construction cost that the defendant has to pay is 10,800,000 won (=(42,00,000 x 90%) - 27,00,000 won).

B. The above facts of recognition and the purport of the whole pleadings.