A. On September 27, 2016, the Defendant entered into a construction contract (hereinafter “instant contract”) with respect to the building C and D (hereinafter “instant building”) in Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter “instant building”) on the part of the Plaintiff, and the details of the Plaintiff’s specific construction shall be based on the quotation (Evidence A No. 5). The main contents are as follows.

1) Construction period: From December 12, 2016 to January 12, 2017, construction amount: 126,90,000 won (amounting to 50% of advance payment, 30% of intermediate payment on December 29, 2016, and 20% of the remainder on January 13, 2017, and 30% of the remainder on January 13, 2017, the principle for the payment of remainder amount (Article 11 of the Special Agreement) shall be paid to the Defendant by multiplying the contract amount for delay by the number of delayed days when the Plaintiff fails to complete the construction by the due date. (Provided, That the Plaintiff may, on the grounds that from December 12, 2016, set off the interest on the construction price or delay, and urge the Plaintiff to pay the remainder on the grounds that the Plaintiff did not complete the construction work in the order of 205,000 won, excluding the remainder of the construction price under the contract.

2. Determination as to the claim on the principal lawsuit

A. As to the claim for the payment of the construction cost under the instant contract, the Plaintiff: (a) the Defendant was a person who had failed to perform construction costs of KRW 25,380,000 under the instant contract; and (b) KRW 2,560,000.