1. The Defendant’s KRW 30,700,695 as well as the Plaintiff’s annual rate of 6% from April 22, 2015 to February 8, 2018, and the following.

1. Facts of recognition;

A. On September 25, 2014, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant with the purport that the Plaintiff was awarded a contract for the replacement of children’s play facilities for the Domine apartment (including value-added tax; hereinafter the same shall apply) with the Defendant to KRW 203,50,000 (hereinafter “instant construction contract”).

B. The main contents of the instant construction contract are as follows.

(1) Construction cost: 40,700,000 won for down payment, intermediate payment and remainder, each of the 81,400,000 won for the remainder, and 7 days after the submission of the completion report and the photophonebook for the work before and after the completion report, and the certificate of passing an inspection for installation: Mashed on December 10, 2014: the contract price 0.03 x the number of delayed days.

C. At the Defendant’s request, the construction was suspended at the time of fear of defects due to harsh construction during the process of the instant construction. Some additional construction was undertaken at the Defendant’s request, and the Plaintiff completed the instant construction around April 2015.

On April 14, 2015, the Plaintiff submitted to the Defendant a certificate of completion of construction works, photophones, and completion of the construction inspection. However, the Defendant did not pay to the Plaintiff the remainder of KRW 81,400,000 among the construction price stipulated in the instant construction contract until now.

[Grounds for Recognition: Facts without dispute, Gap evidence 1-15, Eul evidence 1-8 (including branch numbers, if any) and the purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff's assertion (i) The defendant shall pay to the plaintiff the construction cost of KRW 81,400,000, the additional construction cost of KRW 12,248,500, and the delay damages.

⑵ 피고의 주장 ㈎ 원고의 귀책사유로 이 사건 공사가 24일 지체되었으므로 지체상금 13,320,000원(= 부가가치세를 제외한 공사대금 185,000,000 × 0.003 × 24일)이 미지급 공사대금에서 공제되어야 한다.

㈏ 놀이터 고무탄성바닥의 하자로 인한 하자보수비용 58,690,805원이 미지급 공사대금에서 공제되어야...