1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

1. Basic facts

A. On October 1, 2012, the Plaintiff received subcontracting from C (hereinafter “C”) for construction work among “D Urban Housing Construction Work” (hereinafter “D Urban Housing Construction Work”) by setting the construction cost of KRW 101,00,000, and the construction period from October 4, 2012 to November 19, 2012.

(hereinafter “instant subcontract”). (b)

At the time of the subcontract, the Defendant, the actual owner of the above construction, agreed to pay the construction price to the Plaintiff jointly and severally with C.

C. On November 27, 2012, the Plaintiff completed the instant construction work.

[Ground of recognition] Facts without dispute, entry of Gap's evidence 1, Gap's evidence 2 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The Plaintiff asserts that the Defendant did not receive construction cost of KRW 45,548,050,000 among the construction cost of KRW 101,00,000, and sought payment of the said money. Thus, the Defendant is obliged to pay the said construction cost of KRW 45,548,050 to the Plaintiff, unless there are special circumstances according to the above basic facts.

3. Judgment on the defendant's assertion

A. The defendant asserts that the compensation for delay should be deducted from the compensation for delay equivalent to KRW 4,00,000, since the plaintiff suffered losses by delay in the construction of this case.

The term of construction under the instant subcontract was until November 19, 2012, and the Plaintiff’s completion of the instant construction work on November 27, 2012 with the above date imposed on November 27, 2012 as seen earlier. However, according to the evidence evidence No. 6, the Plaintiff prepared a letter of commitment to the effect that the remainder of the construction work on October 31, 2012 shall be no later than November 27, 2012, and that the subsequent process shall not be impeded by strictly observing the above date, and the Plaintiff and C shall be extended the term of the instant construction work by November 27, 2012. In light of the foregoing facts, an agreement is reached between the Plaintiff and C to extend the period of the construction work by November 27, 2012.