1. The defendant's KRW 52,623,497 and its amount shall be 5% per annum from October 20, 2020 to March 16, 2021 to the plaintiff.

1. Facts of recognition;

A. After receiving a subcontract for the construction work of a new D plant from the Dispute Resolution Co., Ltd., the Defendant entered into an agreement with the Plaintiff (E) on December 2019 by re-subcontracting the part of the construction work of a re-subcontracted to the Plaintiff (hereinafter “E”), the construction work cost of the 391,242,220 won.

B. Since December 2, 2019, the Plaintiff performed the instant construction work from December 2, 2019, on the ground that the Plaintiff could no longer proceed with the instant construction work due to the defect in the rooftop slab project executed by another sewage company, and thus suspended the instant construction work on April 23, 2020.

(c)

“D Factory New Construction Works” consists of a factory Dong, management Dong, dangerous substance storage facility, and waste disposal facility. At the time of discontinuance on April 23, 2020, the Plaintiff was performing construction work only in the factory Dong, management Dong, and the part of the contractual construction cost in the factory Dong and management Dong was KRW 278,923,320.

(d)

In order to settle the construction cost of the instant construction project on June 5, 2020, the Plaintiff and the Defendant recognized that the average base rate of the instant construction project was 83.54%.

E. The Defendant paid to the Plaintiff a total of KRW 177,976,213 (including the payment by subrogation) as the construction cost of the instant case, and directly disbursed KRW 1,00,000 as the defective repair cost of the instant construction work.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant, within the scope of KRW 54,036,328 (=the construction cost under the Agreement on the Management and Agreement 278,923,320 x average 177,976,213 - the amount already paid 177,976,213 - the repair cost of defects 1,00,000, and the amount below KRW 54,328).