1. The Defendant’s KRW 94,953,168 as well as the Plaintiff’s annual rate from September 19, 201 to June 10, 2013, and the following.

1. Basic facts

A. On March 16, 2011, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the following: (a) the construction period for the new construction of the Yongsan-gu Seoul Metropolitan Government Multi-household Housing within ten (10) days from the date of the contract and the contract amount shall be KRW 500 million; (b) the progress payment of KRW 50 million from the first floor shall be the aggregate of the first floor; (c) the completion payment of KRW 50 million shall be the roof-building; (d) the completion of the second progress payment of KRW 100 million shall be the completion of the wall-building; and (v) the five progress payment of KRW 100,000 at the completion of the outer wall construction; and (vi) the remainder payment of KRW 50,000 shall be paid within ten (10,000 after completion.

B. On June 3, 2011, the Plaintiff filed a claim for the first payment for the completed portion with the Defendant, but did not pay it, the Plaintiff suspended the construction work on June 201, and the Defendant paid KRW 50 million as the first progress payment that was made on July 8, 201. The Defendant paid KRW 50 million to the first progress payment that was made on July 8, 201.

C. On August 8, 2011, the Plaintiff submitted a written settlement of accounts to the Defendant. On September 201, 201, the Defendant concluded a new construction contract with a new construction business entity for the said multi-household house.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 (including additional numbers), witness C's testimony, fact-finding results on the construction department in Yongsan-gu Seoul Metropolitan Government Office, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff completed the basic construction up to the construction works of civil and reinforced concrete structures, provisional construction works, telecommunications construction works and other construction works, and sought payment for delay equivalent to KRW 94,953,168 for the unpaid construction cost, as the Defendant paid only the first progress payment, even though the construction cost pursuant to the instant contract for construction works exceeds KRW 144,953,168 (i.e., KRW 144,953,168 - 50,000) and damages for delay.

(b).