1. The Defendant shall pay to the Plaintiff KRW 63,416,902 and the interest rate of KRW 12% per annum from February 19, 2019 to the day of complete payment.

1. Facts of recognition;

A. On February 22, 2018, the Plaintiff entered into a contract with the Defendant for construction works to pay 309,834,000 won of the construction cost during Dwork (including additional taxes), from February 22, 2018 to June 30, 2018, the period of construction work, from February 22, 2018 to June 30, 2018, the warranty bond rate of 3%, the liquidated damages rate of 0.1%, and the construction completion amount within 30 days from the date of receipt of the object (hereinafter “instant construction contract”).

B. On October 2018, the Plaintiff and the Defendant added balcony construction to the instant construction contract, and entered into a contract under which the construction amount was KRW 332,00,000,000 and the completion date was changed to September 27, 2018 (hereinafter “instant modified contract”).

C. On November 6, 2018, the Plaintiff completed the construction work of the instant construction contract and the instant modified contract. The Plaintiff and the Defendant agreed to settle the construction cost of the instant construction contract and the instant modified contract at KRW 321,20,000, and the Defendant paid the Plaintiff the construction cost of KRW 257,783,098.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 3 and 6 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the remainder of the construction cost of KRW 63,416,902 ( KRW 321,200,000 - KRW 257,783,098) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 19, 2019 to the date of full payment, as the Plaintiff seeks.

B. (1) The defendant's defenses against the compensation for delay are asserted that the compensation for delay should be deducted from the compensation for delay after the plaintiff completed the construction on December 17, 2018, which was delayed on September 27, 2018, even though the date of completion of the contract for the alteration of this case was September 27, 2018, since the defendant's defenses against the compensation for delay should be deducted from the compensation for delay 25,096,554 (the contract amounted to 309,834,000 x 1/1,000 x 81 days).