1. The Defendant’s KRW 26,722,00 for the Plaintiff and KRW 6% per annum from May 2, 2018 to November 22, 2018.

1. Determination as to the cause of claim

A. On June 1, 2017, the Plaintiff entered into a subcontract with the Defendant and Jeju Special Self-Governing Province, which determined on June 30, 2017 with respect to the construction cost of metal hold glass in relation to the construction works, from June 1, 2017 to June 30, 2017; the rate of liquidated damages shall be 0.01% from June 1, 2017; the rate of liquidated damages shall be 3% from the warranty bond; and the construction work under the instant construction contract shall be deemed as having been in dispute between the parties concerned or in full view of the purport of the entire pleadings as stated in the evidence Nos. 1 and 2.

B. The Plaintiff asserted that additional construction work equivalent to KRW 1,402,197 was conducted. However, the evidence submitted by the Plaintiff, including the statement in subparagraph 2, is insufficient to acknowledge that the Plaintiff had agreed with the Defendant that the additional construction work equivalent to KRW 1,402,197 was conducted, and there is no other evidence to acknowledge this otherwise.

C. Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 31 million and the damages for delay pursuant to the instant construction contract, except in extenuating circumstances.

2. Judgment on the defendant's defense

A. The instant construction period set off against liquidated damages is from June 1, 2017 to June 30, 2017. The fact that the rate of liquidated damages for delay in the instant construction contract is 0.01% is the same as the foregoing recognition. According to the evidence No. 2 of the instant construction contract, the Plaintiff is recognized as having obtained the completion of construction from the Defendant’s on-site agent D on October 16, 2017.

According to the above facts, the number of delayed construction of the instant construction works shall be 108 days in total from July 1, 2017, the following day of June 30, 2017, which is the deadline for the instant construction works, to October 16, 2017, for which the completion of construction was confirmed from July 1, 2017. Thus, the penalty for delay to be borne by the Plaintiff to the Defendant shall be 3,348,000 won (=108 days x 0.01% x 0.01% x 31,00,000 won), barring any special circumstances.

As to this, the Plaintiff did not delay the construction work of this case due to delay in other processes, and the Plaintiff did not delay the construction work.