1. The Defendant: (a) KRW 40,000,000 and the Plaintiff’s annual rate from April 1, 2014 to June 4, 2017; and (b) from June 5, 2017.

1. Facts of recognition;

A. On August 29, 2013, the Defendant contracted the construction of a residential house (multi-family housing) to 2,870,000,000 square meters in Bupyeong-gu, Incheon, Bupyeong-gu, and 3,35.70 square meters in lots to E.S. Comprehensive Construction Co., Ltd.

B. In fact, the Plaintiff and D performed the construction in accordance with an agreement with the Defendant, but around December 2013, damage was inflicted on surrounding buildings, such as ground subsidence, etc., and the Defendant demanded to issue a performance guarantee bond to EP General Construction, and the Plaintiff demanded the Defendant to pay the completed amount of civil construction works until that time, and the construction was suspended.

C. On December 13, 2013, the Defendant drafted a letter that the Plaintiff shall pay KRW 40 million to the Plaintiff by March 30, 2014 (hereinafter “instant letter”). On the same day, the Plaintiff prepared a letter to the effect that the Plaintiff and D would waive the said construction.

On the other hand, E.S. comprehensive construction made a letter of waiver to the defendant on the same day.

[Reasons for Recognition] Gap evidence Nos. 1, 1, 2, and 3, the plaintiff's personal examination result, the purport of the whole pleadings

2. As agreed in each of the instant notes, the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from April 1, 2014 to June 4, 2017, which was served on the Plaintiff from April 1, 2014, the due date for which the instant complaint was served, and at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 5, 2017 to the date of full payment.

3. Defendant’s assertion and judgment

A. The main point of the argument was that the Defendant left the construction work to another person in order to complete the suspended construction work, and there was a comprehensive construction work and a written waiver of the construction work from the Plaintiff et al.

At that time, the Plaintiff’s price of civil engineering works undertaken from KRW 170,000 to KRW 120,000 is reduced to KRW 100,000,000, and the Defendant is able to respond to this.