1. Of the judgment of the first instance, KRW 33,950,000 against the Plaintiff as to the Defendant and its related thereto, from July 12, 2017 to July 3, 2019.

1. Facts of recognition;

A. On May 21, 2016, the Defendant concluded a contract with the Plaintiff on the construction price of KRW 137,50,000, and the construction period from May 21, 2016 to July 20, 2016, with respect to the construction of the Seoul-gu Ground Office Building (hereinafter “instant building”) for the construction of the instant building (hereinafter “instant construction”). Around May 21, 2016, the payment rate for delay was set at 0.1% (0.01) (01).

(hereinafter “instant contract”). (b)

The Plaintiff completed the instant construction around September 2016, and on September 2, 2016, approved the use of the instant building (construction completion).

C. The Defendant partially paid the construction cost of this case to the Plaintiff, and the payment of the construction cost equivalent to KRW 40,000,000 as of the date of closing the argument of this case remains.

[Reasons for Recognition] The written evidence Nos. 1, 6, and 7 and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s gist of the Plaintiff’s assertion completed the instant construction, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 40,000,000 and damages for delay.

B. The gist of the Defendant’s assertion 1) The Plaintiff constructed the instant building at a height of 80 cm from the floor without removing rocks on the ground that rocks came from the floor to the height of 20 cm from the floor according to the design drawing. As a result, the Defendant was unable to use the land of 21.26 m2, the Plaintiff’s claim for the payment of the construction cost is offset against the Plaintiff’s damage claim equivalent to KRW 18,236,572 (=26 m21.26 m2 x 857,78 m2). In addition, as the part constructed by the Plaintiff, there exists a defect in the construction of the instant building by the concrete part of the parking floor and the retaining wall to the part of the building and the space between the building and the right side, and thus, it is impossible to comply with the Plaintiff’s claim for the payment of the construction cost.