1. The Defendant shall pay to the Plaintiff KRW 40,319,397 as well as 5% per annum from September 26, 2017 to October 20, 2017, and the next day.

1. On April 1, 2016, the Plaintiff entered into a contract with the Defendant under which the construction of new housing and neighborhood living facilities (hereinafter “instant building”) was contracted on the ground of Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant contract”) on the following terms (hereinafter “instant contract”).

Contract Amount: 260,000,000 won (including value-added tax)

(b) Date of commencement: April 1, 2016;

The scheduled completion date: July 9, 2016.

The rate of liquidated damages for delay: 1/1,000 of the construction amount per day was required to modify the design while performing the construction. Accordingly, the defendant issued the modified design drawings to the plaintiff on April 28, 2016.

Plaintiff

On May 4, 2016, the Director D sent a fair list to the defendant on May 4, 2016, and the process list indicates that the plaintiff's side completes the construction by July 15, 2016 and submits a completion report.

On May 21, 2016, the Plaintiff agreed with the Defendant to increase the contract amount to KRW 284,60,000 (hereinafter “instant agreement”) according to the foregoing design change.

On September 12, 2016, the Defendant submitted an application for approval of use of the instant building to the competent authority and obtained approval for use on September 25, 2016.

[Ground of Recognition: Facts without dispute, Gap evidence 1 through 6, Eul evidence 2 and 3 (including each number), the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff's assertion shall pay to the plaintiff the balance of KRW 52,210,00 among the construction cost under the contract of this case and the agreement of this case, and the additional construction cost of KRW 11,132,00 and delay damages.

B. The Defendant’s assertion that only KRW 1,770,197 out of the additional construction cost claimed by the Plaintiff is recognized.

In addition, 35,500,000 won should be deducted from the total construction cost from July 9, 2016 to November 2, 2016.

3. Determination

A. (1) The determination of the cause of the claim is based on the fact that the construction cost under the instant contract and the instant agreement is recognized.