1. The defendant paid KRW 29,005,868 to the plaintiff and 6% per annum from February 1, 2019 to August 27, 2020.

1. Facts of recognition;

A. The Plaintiff is a company that runs a construction business, etc. with the trade name of “C,” and the Defendant is a company that runs oil sales business and wholesale and retail business of used parts of automobiles.

B. On April 2018, the Defendant concluded a contract with the Plaintiff for the remodeling construction of gas stations, the waste disposal and partial repair construction works in the Bosch Rexroth Astro-gu Incheon Metropolitan City (hereinafter “instant construction works”), which are the second floor size D above the ground of Incheon Metropolitan City, to the Plaintiff by a direct management method.

C. On April 19, 2018, the Defendant paid KRW 5,000,00 to the Plaintiff as the instant construction cost.

As disputes arise with the amount of construction cost between the Plaintiff and the Defendant, the Plaintiff suspended the said construction work on May 30, 2018 while performing most of the instant construction works.

E. On January 26, 2019, the Plaintiff sent a content-certified mail requesting the Defendant to pay the instant construction cost by January 31, 2019, and the said content-certified mail was served to the Defendant around that time.

E. The construction cost based on the construction content of the instant case executed by the Plaintiff is KRW 34,005,868 (i.e., the amount including KRW 27,897,362 for remodelling construction cost of the gas station office, etc. (i.e., the amount including KRW 6,108,506, value added tax).

【Ground of recognition】 Each description of evidence Nos. 1 and 2, the result of an appraiser E’s appraisal of construction costs, the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. According to the facts acknowledged in the above 1. Paragraph (1) above, the defendant is obligated to pay the Plaintiff the construction cost of this case (=34,005,868 won - 5,000,000,000 won) and damages for delay, barring special circumstances.

B. The Defendant’s argument regarding the Defendant’s assertion was caused by water leakage in the second floor toilets, requiring the cost of repairing construction to KRW 3,740,00, and there was a defect in the electric pipes, work passages, the second floor office windows, toilets, etc. constructed by the Plaintiff. Before repairing the defect.