A. On April 27, 2012, the Plaintiff and the Defendant set the total construction cost of KRW 536 million (excluding value-added tax; KRW 50 million at the time of a contract; KRW 260 million at the time of granting construction permission; KRW 260 million at the time of a contract; KRW 266 million at the time of granting construction permission); interest rate for delay and interest rate for delay; KRW 0.1% at the interest rate for delay and KRW 0.1% (hereinafter “instant contract”).

(2) The Plaintiff and the Defendant concluded the instant construction project with a view to adding the construction cost of KRW 5.8 million to the total construction cost of KRW 18 million until December 27, 2012, including the extension of the shower room in the fifth floor boiler room, CCTV installation, the installation of the first floor crime prevention room, and the installation of the TV set forth in 201. The Plaintiff, upon completion of the instant construction project in accordance with the instant contract, obtained approval for use on or before November 15, 2012. The Plaintiff and the Defendant agreed to extend the construction cost of KRW 15.5 million up to December 27, 2012, with a view to the extension of the main facility up to December 27, 2012 and the transfer of the main facility, KRW 11.6 million, the design supervision cost, and KRW 18 million until December 27, 2012, the Defendant additionally paid construction cost of KRW 1.5 million to the Plaintiff as the ground for each of the instant construction cost.

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the total sum of KRW 62,2150,000,000 (= KRW 536,000,000,000,000,000, which is calculated by subtracting the already paid KRW 580,000,000,000,000,000,000 for the construction of this case and additional construction costs (= KRW 46,365,00,000) and the value-added tax thereon (= KRW 46,2150,000 x 1.1) as well as damages for delay.

B. The Defendant’s assertion is unable to pay the construction cost of the instant case, since the construction work of the instant case was not completely completed or the defect occurred due to defective construction.