Of the lawsuit in this case, 42,317,00 won and a copy of the complaint in this case.

1. Basic facts

A. A. On August 20, 2018, B Co., Ltd. (hereinafter “B”) established for the purpose of construction business, etc. and entered into a construction contract with the Plaintiff for the Jongno-gu Seoul Metropolitan Government D Independent Housing Construction Corporation (hereinafter “instant construction”) (hereinafter “instant contract”).

The construction period under the instant contract was from August 30, 2018 to January 30, 2019; the construction cost was KRW 592,900,00 (including value-added tax); however, the construction period was changed from August 30, 2018 to May 31, 2019; and the construction price was 658,90,000,000 (including value-added tax).

In addition, the contract of this case states that the rate of liquidated damages is 0.1%, and if B fails to complete the construction within the deadline for completion, the liquidated damages calculated by multiplying the contract amount by the above rate of liquidated damages for delay for each number of days shall be paid to the plaintiff.

B. B discontinued the instant construction after June 5, 2019, and the Plaintiff completed the construction in direct absence of the subcontract consideration and obtained approval for use on July 4, 2019.

C. The Plaintiff paid KRW 634,320,00 as construction price to B by May 31, 2019. On June 26, 2019, the Plaintiff paid KRW 23,100,000 as the subcontract price for drainage facilities, and KRW 2,00,000 as the Seodaemun Construction Costs on June 27, 2019, and KRW 1,960,00 as the Seodaemun Construction Costs on July 25, 2019.

On July 31, 2019, the Plaintiff filed the instant lawsuit against B.

The purport of the claim stated in the complaint at the time was “the Defendant shall pay to the Plaintiff 156,03,700 won and 12% interest per annum from the day following the day on which the copy of the complaint of this case was served to the day of complete payment.” The Plaintiff, in the above complaint, paid the construction cost of KRW 661,380,00 to the Defendant (= KRW 23,100,000 (= KRW 634,320,000) and KRW 23,100,000,000, KRW 1,960,000,000, but the Defendant has suspended construction work, and thus, the difference was obligated to return KRW 134,260,000 as unjust enrichment. ② From the completion date of the agreement.