1. The defendant shall be the plaintiff.

(a) KRW 1,615,00,000 and 6% per annum from September 1, 2019 to July 23, 2020;

1. Judgment on the ground of the Plaintiff’s claim

(a) Each of the following facts may be admitted, either as a dispute between the parties or as a whole, as set out in Gap evidence Nos. 1, 2, 3, 6, and 7 (including a serial number):

1) 원고는 건축자재 판매, 시공업 등을 목적으로 하는 회사이고, 피고는 토목건축공사업을 목적으로 하는 회사이다. 2) 원고는 2018. 5. 9. 피고로부터 대구 C 주상복합건물 신축공사 중 가구공사(이하 ‘이 사건 공사’라 한다)를 공사대금 2,860,000,000원(부가가치세 포함, 월 마감 익월 말일 현금 지급), 공사기간 2018. 5. 9.부터 2018. 11. 30.까지로 정하여 하도급받았고(이하 ‘이 사건 계약’이라 한다), 2019. 7. 10.경 이 사건 공사를 완료하였다.

B. Meanwhile, the fact that the Plaintiff and the Defendant settled the unpaid construction cost in KRW 1,758,00,000 is the Plaintiff himself.

C. Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 1,758,000,000 and delay damages therefor.

3. Judgment on the defendant's assertion

A. According to Article 18(2) of the instant contract, the Plaintiff may pay the construction cost upon receipt of the completion money or the progress payment from the ordering person. However, since the Defendant has not yet received the completion money or the progress payment from the ordering person, the due date for the payment of the instant construction cost has not yet arrived. 2) The Plaintiff did not deposit the warranty bond equivalent to 5% of the construction cost of the instant case or issue the warranty bond.

3) The instant construction project is a household construction project, and most of the subsidiary materials did not exist and defects occurred. The Plaintiff suffered damages to the Defendant due to the above incomplete performance. (B) Determination of the recent argument regarding the failure to pay the construction cost under the construction cost Gap.