1. The Defendant’s KRW 170,647,949 for the Plaintiff and KRW 6% per annum from December 7, 2018 to January 23, 2019.

Basic Facts

On July 10, 2015, the Plaintiff, a stock company incorporated for the purpose of building construction business, etc., entered into a construction contract (hereinafter “instant construction contract”) with the Defendant, a stock company established for the purpose of other fish retail business, etc. to construct a new building (hereinafter “instant building”) on the ground of Sejong Special Self-Governing City by setting the construction period from October 27, 2015 to October 20, 2016 as KRW 5.6 billion (including value-added tax).

The instant construction contract includes the following matters:

8. The balance shall be within one month after completion of construction works; 10. Warranty liability (in the case of a multi-functional construction work, the classification by type of work); 3% of the contract amount by type of work (3%) and the warranty liability period for the amount of the construction work shall be based on the construction work ratio by type of work;

On October 26, 2016, the Plaintiff and the Defendant entered into a contract under which the term of the completion of the construction period is changed from December 20, 2016 to December 20, 2016 (hereinafter “instant contract for the alteration of construction period”). On March 27, 2017, the Plaintiff entered into a contract under which the construction amount is changed from KRW 5.6 billion to KRW 5.96 billion (including value-added tax), and the construction period is changed from December 20, 2016 to March 30, 2017 (hereinafter “instant additional construction contract”).

The Defendant paid KRW 5,759,867,814 in total to the Plaintiff for construction cost under the instant construction contract, alteration contract, and additional construction contract as indicated below.

On December 18, 2015, 11: 290,000,000,000 for the first portion on December 1, 2015; 200,000 for the second portion on December 31, 2015; 132,00,000,00 for the second portion on March 31, 2015; 275,00,000 for the third portion on March 8, 2016; 275,00,000 for the second portion on March 3, 2016; 273,90,000,000 for the second portion on March 28, 2016; 273,90,000,000,000 for the second portion on March 27, 200, 200, 275,000 for the second portion on May 29, 2005;