1. The Defendant (Counterclaim Plaintiff) paid KRW 13,583,750 to the Plaintiff (Counterclaim Defendant) and its related amount from March 16, 2017 to October 24, 2019.

1. Basic facts

A. On July 2016, the Plaintiff entered into a subcontract with the Defendant, who is the contractor of Sejong Special Self-Governing City D, with respect to the construction period for the building stones for E-dong and F-Dong (hereinafter “instant building stones”) among the foregoing apartment buildings from July 5, 2016 to April 2, 2018, and the contract amount shall be settled at a unit price (i.e., 35,000 won per 1 square meter per wall, 25,000 won per floor, upper 1 square meter per floor, and 35,000 won per 1 square meter per upper m, and 7,500 won per 1 meter per 1 square meter per m, respectively), and the contract price was paid at the 15th day after the end of each month (hereinafter “instant subcontract”).

B. The Plaintiff, among the instant stone construction works, suspended construction works with 55,126,175 square meters on March 2017 after performing construction works, and suspended construction works with a wall of 280 square meters in early patrolmen on March 2017.

C. The Defendant paid the Plaintiff KRW 39,000,000 as the construction cost, and the remaining construction work among the building stones construction work in the instant case was performed.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Eul evidence 1, 2, and 6, the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff delay damages from March 16, 2017, which the Plaintiff agreed with the Defendant, within the scope of KRW 16,126,175 (=5,126,175 - 39,000,000), within the scope of the remaining construction cost pursuant to the instant subcontract (i.e., the amount agreed upon with the Defendant).

B. The Defendant’s assertion on the Defendant’s defense was voluntarily suspended without performing the instant stone construction work, and the Defendant incurred KRW 40,090,000 as substitute manpower cost, remaining construction cost and defect repair cost, KRW 11,290,000, and KRW 3,800,000, which are not left from the stone. Meanwhile, the Defendant, instead of the Plaintiff, bears KRW 1,416,250, which is the fee for the instant stone construction work. Thus, the Defendant, instead, bears the burden of KRW 1,416,250.