A. On January 16, 2013, the Plaintiff was awarded a subcontract with the Defendant to the construction period of KRW 104,50,000 during the construction period from January 16, 2013 to January 22, 2013 among the construction works of the Incheon Metropolitan City Strengthening Military A (hereinafter “instant subcontract construction works”).

(2) On February 8, 2013, the reinforcement group directly paid KRW 29,590,000 to the Plaintiff as the construction cost of the instant subcontract.

3) The Plaintiff completed the instant subcontract construction on May 6, 2013. The Plaintiff, the Defendant, and the Reinforcement Group agreed to settle the instant subcontract construction cost from KRW 104,50,00 to KRW 98,978,00 on September 16, 2013, and pay the Plaintiff KRW 34,694,00 directly to the Plaintiff. The Defendant agreed to pay the Plaintiff the remainder of KRW 34,694,000 (=29,978,000 on the pre-construction completion amount – KRW 29,590,000 on the pre-construction completion amount – KRW 34,694,00 on the pre-construction completion amount (hereinafter “instant agreement”).

On September 17, 2013, the strengthening group directly paid KRW 34,694,00 to the Plaintiff according to the instant agreement.

[Ground of recognition] Evidence No. 1-1, 2, 4, 7, and Evidence No. 3-1, 2-2, and the purport of the whole pleadings

B. Accordingly, according to the instant agreement, the Defendant is obligated to pay to the Plaintiff 34,694,000 won and damages for delay at the rate of 6% per annum as stipulated in the Commercial Act from May 7, 2013 to August 10, 2016, which is the date of the instant judgment, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, as the Plaintiff seeks.

2. Judgment on the defendant's defense

A. The Defendant’s assertion that the subcontracted construction in this case was finally changed on April 4, 2013, but the Plaintiff had to perform the subcontracted construction work, and completed the construction in May 6, 2013 and delayed the Defendant’s entire construction work, thereby adversely affecting the Defendant’s government-funded construction contracts.