1. The judgment of the court of first instance is modified as follows.

1. Basic facts

A. On June 2012, the Defendant concluded a contract with the Plaintiff for the roof waterproof Construction Work of the Factory in Kimcheon-si as KRW 35,200,000 (including value-added tax) and paid KRW 30,200,000 out of the construction price.

B. After the completion of the construction, the Plaintiff continued to enjoy the above factory, the Defendant filed a lawsuit against the Plaintiff for the return of the construction cost (Seoul District Court Kimcheon-si 2013Gadan8393), and on August 21, 2013, the following adjustment was concluded between the Plaintiff and the Defendant:

(1) The Plaintiff shall perform repair works to the Defendant by July 31, 2014.

If the plaintiff fails to comply with the defendant's request for remuneration within one week, the plaintiff shall pay 200,000 won per day from eight days to the date of completion of the repair work to the defendant.

2. The defendant shall pay 5 million won to the plaintiff within five days from the date of consent when both the plaintiff and the defendant agree to the completion of repair works.

C. Around October 1, 2013, the Defendant requested the Plaintiff to repair waterproof works with content certification; the Plaintiff performed repair works for five days from October 8, 2013 to May 5, 2014; and the Plaintiff performed repair works for five days from May 12, 2014 to four days from July 8, 2014; and the repair works for three days from August 5, 2014.

After the Plaintiff’s repair work, the Defendant sent a content-certified mail to the Plaintiff, requesting each repair work, on November 19, 2014, November 27, 2014, and December 9, 2014, on which the Plaintiff continued to be in a factory. However, the Plaintiff failed to receive each content-certified mail.

E. On March 31, 2015, the Defendant requested the East Asia Special Flood Control Corporation KRW 73 million (Additional Tax Division) to perform the waterproof Work, and on May 26, 2015, the said waterproof Work was completed.

F. On December 23, 2015, the Defendant: (a) pursuant to the instant conciliation protocol, pursuant to the instant conciliation protocol, 799 days from October 13, 2013 to December 20, 2015, the amount of the Plaintiff’s deposit claim against the Plaintiff’s deposit claim, etc. was requested for remuneration of KRW 160,010,450; and (b) KRW 200,00 per day = 159,80.