1. The Defendant’s KRW 40,000,000 as well as 5% per annum from August 14, 2018 to February 14, 2019 to the Plaintiff.

1. Facts of recognition;

A. On August 14, 2017, the Defendant entered into a contract with the Plaintiff for the construction of the new construction of the C detached Housing (hereinafter referred to as “instant building”) in the following-si City (hereinafter referred to as “instant building”) at KRW 170 million for the construction cost, KRW 50 million for the intermediate payment, KRW 50 million for the intermediate payment, KRW 50 million after the completion of the construction), August 20, 2017 for the commencement date, and October 20, 2017 for the completion date of the construction completion plan.

(hereinafter referred to as the “instant construction contract”). Section 3 of the instant construction contract provides that “The design alteration and additional construction works shall be executed after a decision is made by mutual consultation. The second floor other than the interior of the first floor (design drawings shall apply mutatis mutandis) includes the interior of the human body.”

B. The Plaintiff paid KRW 120 million to the Defendant as the construction price of the instant construction project by September 22, 2017.

(F) KRW 10 million on August 16, 2017, KRW 60 million on August 30, 2017, KRW 50 million on September 22, 2017, and KRW 50 million on September 22, 2017).

On April 16, 2018, the Defendant sent to the Plaintiff a written notice stating that “The construction has not been completed until now, and finally, until April 30, 2018, the construction has not been completed. It is time to pay the penalty for delay corresponding to the due date for delay of the construction period, in good faith, to the Defendant’s disadvantage (liability for damages and taxes) incurred due to the delay of the construction in this case, and that the Defendant shall bear all responsibilities with a thickness.”

In May 3, 2018, the Plaintiff and the Defendant completed new construction works including the 1st floor frame and the 2nd floor interior in the instant construction works, but due to the delay in construction, the Plaintiff, the construction owner of the instant construction works, agreed to additionally install the floor slope and the 1st floor hole in the 1st floor hole, and agreed to additionally install the room in the 1st floor hole (including the day before the main floor is built) on May 30, 2018 (including the day before the main floor is built) and immediately transfer the remainder of KRW 50,000,000 at the same time, and at the same time, transfer all the keys of the 1st floor.