The defendant's KRW 33,00,000 and its amount are 6% per annum from July 1, 2019 to September 9, 2020 to the plaintiff.

1. Facts of recognition;

A. On June 16, 2018, the Plaintiff entered into a contract with the Defendant and the Gyeongbuk-gun, and the Gyeongbuk-gun, under which the contract amount is KRW 730 million (excluding value-added tax) of reinforced concrete primary (E) construction works (hereinafter “the instant primary construction works”) among D construction works on two parcels, on the contract amounting to KRW 470 million (excluding value-added tax) of reinforced concrete secondary construction works (hereinafter “the instant secondary construction works”).

The payment method for progress payment under paragraph (6) of the above contract is "cash payment at the end of the following month".

B. Around November 2018, the Plaintiff completed the instant primary construction work, and the Defendant paid the construction cost of KRW 8.3 million to KRW 770 million (including value-added tax) and the remaining construction cost is KRW 33 million.

C. On May 10, 2019, the Plaintiff filed a claim for payment with the Defendant by issuing an electronic tax invoice for KRW 33 million.

[Judgment of the court below] The ground for recognition is without merit, entry of Gap evidence Nos. 3 through 5, and the purport of whole pleadings

2. Summary of the plaintiff's assertion

A. The Defendant shall pay the Plaintiff KRW 33 million for the remainder of the primary construction of this case.

B. The Plaintiff failed to commence the instant secondary construction due to the reasons attributable to the Defendant’s side, and the Defendant’s instructions from June 2018 to October 2019, kept at the site the materials and forkicks used for the instant secondary construction for 16 months from June 2018 to October 2019, and incurred losses from paying KRW 1,00,000 per month for the said materials and forkicks.

Therefore, the defendant should compensate for damages equivalent to 16 million won paid by the plaintiff.

C. Paragraph (8) of the instant contract for the second construction work provides for KRW 47 million equivalent to 10% of the contract amount as contract deposit with contract deposit, and since the said construction work was delayed due to a cause attributable to the defendant on the part of the defendant, the defendant shall pay the plaintiff a penalty of KRW 47 million in accordance with the said provision.

3. Determination

A. According to the above facts of recognition, the defendant.