1.(a)

Of the judgment of the first instance, the part against the defendant (Counterclaim) regarding the main lawsuit shall be revoked, and the above revoked part shall be revoked.

1. Basic facts

A. On June 9, 2010, the Plaintiff entered into a contract for the construction of a new kindergarten C (hereinafter “instant building”) located in the north-gu, Chungcheongnam-gu, Seoul (hereinafter “instant building”) (hereinafter “instant construction contract”) with the Defendant (hereinafter “instant construction contract”). The main contents of the instant construction contract are as follows.

The starting date: The scheduled date of June 10, 2010: the contract amount on the 170th day after the contract ( November 26, 2010): the contract amount on the 170th day after the contract:0 million won (including the additional tax): the interest rate on the delayed payment of 5/100 of the contract amount per day of the number of delayed days: 5/100 of the contract amount per day of delayed payment:

B. Around June 12, 2010, the Plaintiff commenced the instant construction and completed the construction work around December 30, 2010.

C. The Defendant paid only KRW 1,024,49,366 out of the construction cost of the instant case to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 14-4, Gap's testimony and the purport of whole pleadings

2. Determination on the main claim

A. According to the above facts finding as to the claim for unpaid construction costs, the Defendant did not pay 185,50,634 won (=1,210,000,000 won - 1,024,49,366 won) out of the construction cost of the instant case even though the Plaintiff completed the instant construction work, so the Defendant is obligated to pay the Plaintiff the said unpaid construction cost of KRW 185,50,634 and delay damages.

B. The Plaintiff, other than the construction stipulated in the instant construction contract, sought payment of KRW 42,482,220 (total construction cost of KRW 38,620,200) and damages for delay therefrom, on the ground that the Plaintiff, as well as the construction stipulated in the instant construction contract, additionally made an external retaining wall construction ( KRW 13,00,00), toilet extension construction ( KRW 2,50,000), electrical construction ( KRW 2,50,000), external retaining wall construction ( KRW 2,10,00), scke and string ( KRW 6,804,00).

Domins, Gap No. 5, Eul.