1. The Defendant’s KRW 42,932,457 as well as the Plaintiff’s KRW 6% per annum from May 14, 2015 to January 17, 2017, and the following.

1. The parties' assertion

A. The Plaintiff’s assertion was that the Defendant contracted for the construction of the rain plant around 2013. The total construction cost is KRW 590,443,478.

The Defendant paid only KRW 525,727,543 as the construction cost to the Plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 64,715,935 and delay damages.

B. The Defendant’s assertion 1) acknowledged the fact that the Defendant ordered the Plaintiff to install the said rain plant, but there was no specific construction work, such as the design drawing for the said construction work, and did not set the method of calculating the construction cost and the contract price for the said construction work, and it is unclear whether the Plaintiff completed the said construction work, so the Defendant cannot comply with the Plaintiff’s claim. (2) The Defendant paid the Plaintiff KRW 563,727,543 in total as the contract price.

3 The plaintiff delayed the above construction, and the defendant's crop cultivation has been delayed one year, and the defendant has suffered losses of KRW 100 million, and the above construction has a defect of KRW 200 million.

Therefore, the Plaintiff pays a total of KRW 300 million to the Defendant due to nonperformance of obligation. Therefore, this shall be offset against the Plaintiff’s remaining construction cost claim by an automatic bond.

2. Determination

A. According to the fact that there is no dispute over the existence of the obligation to pay the construction cost, the entry of Gap evidence Nos. 1, 2, and 3, and the fact-finding results and the whole purport of the pleadings with respect to the net Chang-gun of this court, the following facts may be acknowledged. ① The defendant is the construction work of installing a non-permanent cover of 46 units in the number of 20 parcels from the 20 parcels of the 2013 North Chang Chang-gun and the 20 parcels of the 20th unit. (hereinafter “instant construction work”).

The instant construction was a project that could receive subsidies from the Net Chang-gun.

② Around that time, the Defendant applied for the payment of subsidies for the instant construction work to the Seocho-gun.

The net Chang-gun on May 13, 2013.