A. The Plaintiff is a company that runs steel structure construction business, and the Defendant is a company that runs construction business.

B. On November 1, 2016, the Plaintiff entered into a construction contract with the Defendant and C factory construction works with the contract amount of KRW 1,232,00,000 with respect to reinforced concrete, steel frame, and board construction works (hereinafter “first construction works”). On September 1, 2017, the Plaintiff entered into a construction contract with the contract amount of KRW 45,58,700 with respect to reinforced concrete construction works among the new construction works of the Ddong Community Center (hereinafter “second construction works”).

C. On December 20, 2016, the first construction was terminated between the Defendant and the client, and the first construction was severed between the Plaintiff and the Defendant on December 21, 2016.

The Plaintiff and the Defendant set the construction cost of the first construction project that occurred up until then at KRW 110,00,000.

On December 27, 2016, the Defendant paid KRW 66,00,000 to the Plaintiff, and the Plaintiff issued the amount tax invoice to the Defendant.

E. After that, the Plaintiff issued a tax invoice of KRW 44,00,000 on May 31, 2017 with respect to the first construction project to the Defendant, and the tax invoice of KRW 45,558,70 on December 20, 2017 with respect to the second construction project.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. In light of the above facts, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 89,558,700 (i.e., KRW 110,00,000, KRW 45,558,700 - KRW 66,00,00) and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from December 21, 2017 to November 5, 2019, the delivery date of the copy of the complaint of this case, and from the next day to the full payment date, 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, barring special circumstances.

B. The judgment of the defendant's assertion 1 was unilaterally interrupted by the plaintiff and thus, the First Corporation was terminated.