1. The defendant shall pay 4,042,021 won to the plaintiff and 12% per annum from May 16, 2020 to the day of complete payment.

Facts of recognition

According to the evidence evidence evidence No. 3, which is acknowledged as a petition based on the appraiser E’s seal appraisal result, the Plaintiff and the Defendant settled on March 31, 2018, the Plaintiff’s construction of the F Multi-Family Housing Construction Project, which was subcontracted by the Defendant, with respect to the construction of the unclaimed flooding design subcontracted by the Defendant, and the total construction cost of KRW 418,00,00,000,000, which was paid by the Defendant, and the Defendant paid KRW 345,657,979,000 and the unpaid construction cost of KRW 72,342,021 can be acknowledged. According to the evidence No. 45, according to each of the evidence No. 45, the fact that the Defendant paid KRW 25 million on June 15, 2018, and KRW 3,300,000,000 on November 1, 2019 can be acknowledged.

Therefore, the Defendant shall pay the Plaintiff the unpaid payment of KRW 44,042,021 ( KRW 72,342,021 - KRW 25 million - KRW 3.3 million) and the delayed payment of damages.

The defendant's assertion and judgment are alleged to the purport that the plaintiff should receive delayed rewards rather than the plaintiff's delay. However, the evidence submitted by the defendant alone is difficult to recognize such assertion.

In addition, the defendant asserts to the effect that there is no additional construction contract and there is no employee reduction and power of attorney on the evidence No. 3 of the defendant. However, the employee reduction and power of attorney are only an internal business affairs problem of the defendant, and they are not an effective requirement of construction contract, but a contract is not valid only when a written contract of additional construction contract is required. Thus, this argument is not accepted.

Therefore, the Defendant is obligated to pay to the Plaintiff delayed damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 16, 2020 to the day of full payment, with a copy of the complaint of this case, to the Plaintiff KRW 44,042,021 ( KRW 72,342,021 - KRW 25 million - KRW 3.3 million).

However, in relation to the conciliation costs, the date of conciliation was set on December 14, 2020 to 17:00, and the defendant's agent and mediators were present. However, the plaintiff is absent on December 14, 2020, which is 10 minutes prior to 10 minutes per hour and 10 minutes per hour.