1. The Defendant shall pay to the Plaintiff KRW 65,00,000 and the interest rate of KRW 15% per annum from July 1, 2016 to the day of complete payment.

1. Facts of recognition;

A. On November 2, 2015, the Plaintiff entered into a contract with the Defendant on installation of machinery, equipment, etc. for supplying feed to the Defendant and transporting the valleys and eggs at KRW 505,00,000.

At the time, there was a consortium with a width of 40 cm and a length of 28 m. in the section from the defendant's existing Gyeyang to the Gyeyang collection center.

B. At the inside of the Gyeyang-gu established by the Plaintiff, a consortium with a width of 60cm was installed, and the Plaintiff and the Defendant agreed to cancel the said contract thereafter.

[Ground of recognition] The fact that there is no dispute, the result of appraisal by Gap 1 and appraiser C, the purport of the whole pleadings

2. The assertion and judgment

A. As to the cause of the claim, the Plaintiff sought 65,00,000 won, subtracting the amount of KRW 15,000,000, which was agreed to lend to the Defendant at KRW 80,000 for the unpaid construction cost, and damages for delay.

In light of the above facts and evidence, Gap evidence 2, and the purport of the entire argument, it can be sufficiently recognized that the unpaid amount of the plaintiff's work price of 80,000,000 won or more under the above contract is not less than 80,000 won. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff 65,00,000 won for the work price of f5,000 won and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 1, 2016 to the date of full payment.

B. The defendant's assertion 1) The defendant alleged that the plaintiff agreed not to demand construction costs, instead of continuing construction works or failing to repair defects, but there is no evidence to prove the above alleged facts, so the defendant's assertion is without merit. 2) The defendant did not replace the existing consortium with the size of 60 cm at the time of the above contract even though the plaintiff changed the belt to the size of 60 cm. Thus, the defendant's damage claim amounting to KRW 20,942,901, which is required to replace it, is the damage claim of KRW 20,942,901.