1. The Defendant (Counterclaim Plaintiff) paid KRW 61,734,060 to the Plaintiff (Counterclaim Defendant) and its related amount from December 2, 2017 to July 18, 2018.

Facts of recognition

A. On April 1, 2015, the Plaintiff entered into a subcontract with the Defendant with respect to the soil cutting works, soiling works, and designated works (hereinafter “instant construction works”) among the main complex construction works, as follows:

(hereinafter referred to as “instant subcontract”). The name of the owner of the original contract: The name of the subcontracted project for the main complex C: The name of the subcontracted project for the main complex C: The soil removal project and soil, and the place of the designated construction project: the contract amount from April 1, 2015 to July 30, 2015: the contract amount from April 1, 2015 to July 30, 2015: 0.2%

B. On June 29, 2015, the Plaintiff entered into a contract with the Defendant on June 29, 2015, to increase the volume of PHC file works during the instant subcontract and to change the contract amount to KRW 753,723,404 (including value-added tax) on the ground that the volume of PHC file works increased according to the structural design drawings that occurred after the instant subcontract.

(hereinafter “instant modified contract”). C.

The Defendant completed the instant construction work on November 12, 2015.

Meanwhile, from June 22, 2015 to December 24, 2015, the Plaintiff paid the construction cost of KRW 681,493,084 to the Defendant. Around December 2015, the Plaintiff paid KRW 27,632,00 in total to E, F, and G upon the Defendant’s request for a direct payment of construction cost.

[Ground of recognition] Determination as to the claim of principal claim of the entire pleadings, and the facts without dispute, Gap evidence 1 to 8 and 10 evidence (including additional evidence; hereinafter the same shall apply)

A. The Plaintiff’s assertion 1) As the Defendant delayed the instant construction for 105 days, the penalty for delay that the Defendant is liable to pay to the Plaintiff according to the agreement on liquidated damages is KRW 158,281,914 (the contract amount to be paid to the Plaintiff 753,723,404 x 0.2% x 105 days). 2) The said liquidated damages amounting to 44,598,320 won (753,723,404 - 681,493,084 - 27,632,000 won) accrued during the instant construction work, and the structure review expenses of the household facilities incurred during the instant construction work, and the sagra public law changed from sagra public law to 105 days.