A. The Plaintiff is a corporation with the objective of stone construction business, etc.

B. On March 10, 2014, the Defendant concluded a subcontract for construction work (hereinafter “the instant construction contract”) with the Plaintiff and the part of the said new construction work (hereinafter “instant construction work”) with a construction cost of KRW 135,300,000,000 for Ulsan-gun D, Ulsan-gun, Ulsan-gun, Inc. (hereinafter “Nonindicted-gun”); and concluded the said contract with the Defendant on March 10, 2014.

C. The standard subcontract agreement of construction works prepared at the time of the instant construction contract includes a settlement clause as follows:

(hereinafter “instant settlement clause”) D.

The Plaintiff completed the instant construction work and received KRW 100 million out of the construction cost.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, and the purport before oral argument

2. The assertion and judgment

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the remaining amount of 35.3 million won for the construction work and the delay damages, except in extenuating circumstances.

B. The Defendant asserts to the effect that the construction cost should be reduced in accordance with the instant settlement provisions for KRW 59,593,179, which was notified by the non-party company that there was a defect due to the construction work and the quantity of materials in the instant construction work.

On the other hand, the settlement clause of this case is an agreement between the plaintiff and the defendant, which was scheduled to adjust the construction price of the non-party company when changing the design and the volume of construction work in the contract work, and if the price of the non-party company is adjusted, the construction price between the plaintiff and the defendant is adjusted according to the adjustment ratio. In this case, the construction of this case itself appears to be an issue as to whether the construction work of this case was scheduled and the defects exist. Thus, the settlement clause

The evidence presented by the Defendant alone is presented.