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1. The Defendant’s KRW 50,253,500 as well as annual 5% from April 11, 2019 to May 20, 2020 to the Plaintiff.
Reasons
1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap's evidence Nos. 1 through 15, the Plaintiff: (a) concluded a contract with the Defendant on August 28, 2017 for the construction period of the civil engineering works from August 28, 2017 to August 30, 2018 (including value-added tax); (b) the original and the Defendant changed the construction period of the instant civil engineering works from November 30, 2018 to the period from November 30, 2018; (c) the original and the Defendant settled the construction price of the instant civil works from November 28, 2018 to the amount of KRW 30,00,000 (hereinafter referred to as "instant civil engineering works"); and (d) the Defendant finally agreed to pay the Plaintiff the price of the construction works, excluding the construction cost, to the Plaintiff at KRW 30,065,000; and (e) the Defendant agreed to pay the price of the instant civil works to the Plaintiff.
According to this, the defendant is obligated to pay 124,107,500 won and damages for delay to the plaintiff, unless there are special circumstances.
2. The defendant's assertion and judgment
A. The Defendant’s assertion (1) Inasmuch as the method of design modification was changed, the Defendant’s remainder of the construction cost to be paid to the Plaintiff is KRW 17,107,50,000 reduced from KRW 124,107,50.
(2) As the Plaintiff completed on January 21, 2019, which was delayed from 52 days before November 30, 2018, the agreed construction period of the instant civil works, the Plaintiff should pay to the Defendant KRW 128,70,000 for delay compensation for 52 days (2,475,000 for the contract amount x 52 days).
If this set-off is made against the Plaintiff’s claim for construction cost, the construction cost that the Defendant shall pay to the Plaintiff remains.
(3) If the Plaintiff did not deposit 74,250,000 won of the contract amount with the warranty bond or issue the warranty bond with the said money as the warranty bond, the Defendant is not obliged to pay 74,250,000 won out of the contract price to the Plaintiff.
(b).