1. The Defendant (Counterclaim Plaintiff) paid KRW 112,308,341 to the Plaintiff (Counterclaim Defendant) and its related amount from December 31, 2010 to October 26, 2012.

1. Basic facts

A. On June 9, 2010, the Plaintiff entered into a contract with the Defendant for the construction of a new kindergarten C (hereinafter “instant building”) located in the Northern-gu B (hereinafter “instant construction contract”) (hereinafter “instant construction contract”). The main contents of the instant construction contract are as follows.

The date of commencement: the expected date of completion on June 10, 2010: the contract amount on 170 days after the contract ( November 26, 2010): the rate of penalty for delay, which is 00 million won per annum (including the additional tax): 5/100 of the contract amount per day of delayed days.

B. Around June 12, 2010, the Plaintiff commenced the instant construction and completed the construction work around December 30, 2010.

C. The Defendant paid only KRW 1,024,49,366 out of the instant construction cost to the Plaintiff, and did not pay the remainder of KRW 185,50,634 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, witness D's testimony, the purport of the whole pleadings

2. Determination on the main claim

A. We examine the determination as to the claim for the unpaid construction cost, the Plaintiff completed the instant construction, and the Defendant’s failure to pay KRW 185,50,634 out of the construction cost of the instant case as seen earlier. As such, the Defendant is liable to pay the Plaintiff the unpaid construction cost of KRW 185,50,634 and the delay damages therefrom.

B. The Plaintiff asserts that, in addition to the construction stipulated in the instant construction contract, the Plaintiff is obligated to pay the Plaintiff the total amount of the above additional construction cost of KRW 42,482,220 (the total amount of the construction cost of KRW 38,620,200), the toilet extension work ( KRW 13,50,000), the electrical construction ( KRW 2,50,000), the external wall installation work (the additional external wall installation installation work of KRW 5,00), the external wall installation work (the additional external wall installation work of KRW 2,10,00), the road work (6,804,000), and the delay damages (the above additional construction cost of KRW 38,620,200) and the above additional construction cost of KRW 42,482,220 (the above additional construction cost of KRW 38,620,200).

The whole pleadings shall be made in each entry of Gap evidence 5, Eul evidence 10.