1. The Defendant’s KRW 148,00,000 as well as 5% per annum from May 11, 2018 to December 18, 2018 to the Plaintiff.

1. Facts of recognition;

A. On May 19, 2017, the Plaintiff and the Defendant and the Chang-gu, Chang-si (hereinafter “instant construction”) made a contract amount of KRW 1.5884 million with respect to a new kindergarten construction project in the Chang-gu, Chang-si (hereinafter “instant construction project”), and entered into a contract with each of the instant construction projects (hereinafter “instant contract”) by setting the contract amount of KRW 20 million with respect to the first progress payment after completion of the structural aggregate construction project on the first floor; KRW 30% of the contract amount after completion of the secondary progress payment; KRW 35% of the contract amount at the time of the commencement of the main construction project; and KRW 15% of the contract amount at the time of the completion of the main construction project; and KRW 15% of the contract amount after approval for use; the construction period from May 22, 2017 to November 30, 2017; and the interest rate for payment in advance at 25% per annum.

B. On October 20, 2017, the Defendant drafted a letter of payment stating that “A total of KRW 58 billion shall be paid as the amount of the unclaimed construction and value-added tax, and KRW 144 million out of value-added tax shall be paid until October 25, 2017, and KRW 214 million shall be paid until December 30, 2017, and KRW 150 million shall be paid until March 30, 2018” (hereinafter referred to as “written payment”).

C. The Defendant paid to the Plaintiff KRW 360 million in total, including KRW 144 million on October 25, 2017, KRW 25 million on November 201, 2017, KRW 25 million on December 11, 2017, KRW 166 million on December 28, 2017, and KRW 166 million on December 28, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost under the payment note (=508,000,000 won - 360,000,000 won) and the delay damages therefrom.

B. The defendant's assertion is alleged to have concluded a contract with C for construction works and paid the construction cost to C after completion of construction works, but there is no evidence to acknowledge the defendant's assertion. This part of the defendant's assertion is without merit.