1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. On June 13, 2017, Jeju Special Self-Governing Province for the Defendant’s Intervenor contracted C Corporation in KRW 888,641,70 to the Defendant.

B. On November 1, 2017, the Defendant awarded a subcontract to the Plaintiff on KRW 67,00,000 (excluding value-added tax), and on November 20, 2017, metal, windows, and glass construction on KRW 75,000 (excluding value-added tax).

C. A contract for a construction project concluded by the Plaintiff and the Defendant provides that “unit price shall be calculated by multiplying the unit price calculated as at the time of design modification by the successful tender ratio,” and the bid price ratio is 87.755%.

On December 14, 2017, the Plaintiff completed construction and received full payment of KRW 156,200,000 for the construction cost.

E. Recognizing that the Plaintiff did not perform construction work equivalent to KRW 2,090,000, and it is recognized that the Plaintiff performed additional construction work equivalent to KRW 7,303,000 based on the unit price.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 1 to 10, Eul evidence 1 to 3, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion requested additional construction work equivalent to KRW 12,818,000, and completed the additional construction work.

The Defendant is obligated to pay the Plaintiff KRW 10,728,200, which deducts the construction cost of KRW 2,090,000 from the unpaid construction cost of KRW 12,818,200, and damages for delay.

B. According to the facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 7,303,00 per unit price multiplied by 87.75% of the successful bid price rate of KRW 6,408,748 multiplied by 87.75%, and the amount of KRW 4,318,748 plus value-added tax of KRW 4,750,622, and the amount of KRW 4,750,62, which are the sum of KRW 431,874, and the amount of delay damages calculated by 15% per annum as stipulated by the Commercial Act from December 15, 2017 to April 29, 2020, which is the date the Defendant raised a substantial dispute, and the amount of delay damages calculated by 6% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

Gap evidence 4, 5, and 6.