1. The Defendant’s KRW 43,959,600 for the Plaintiff and KRW 6% per annum from February 1, 2016 to April 27, 2018.

1. Basic facts

A. On September 21, 2015, the Defendant, a company, was awarded a contract for D D Corporation located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant Corporation”) with the Plaintiff for the construction cost of KRW 305,000,000 (a payment of the remainder 10% after the completion of construction) and the construction period from September 21, 2015 to November 15, 2015.

B. Around October 2015, the Defendant entered into an agreement with the Plaintiff to pay to the Plaintiff delay compensation in accordance with the ratio of 3/1,000 of the total construction cost to 3/1,00,000 between the Plaintiff and the Plaintiff on December 8, 2015. Around December 8, 2015, the Defendant entered into an agreement with the Plaintiff on the following: (a) the additional construction cost was determined as KRW 31,90,00 (including additional tax); and (b) the date of completion was extended on December 14, 2015; and (c) the lack of construction and defects, etc. were incurred after the lapse of December 14, 2015.

The Plaintiff paid the Defendant the total amount of additional construction cost on the same day.

C. On December 22, 2015, the Plaintiff notified the Defendant that the instant construction contract was terminated due to the reason that the construction has not been completed even until December 21, 2015. From that time, the Plaintiff obstructed the entrance of the said hotel and prevented Defendant employees from entering the construction site.

On December 23, 2015, the Plaintiff concluded a contract for a construction project with construction cost of KRW 34,100,000 for finishing construction works among E and the instant construction works, and completed the termination construction work.

On February 3, 2017, the Defendant filed a lawsuit against the Plaintiff on the ground that it was not paid KRW 35,000,000 among the construction cost by the Plaintiff (Seoul Northern District Court 2016dan1752). On February 3, 2017, the said court sentenced the Plaintiff to pay KRW 35,000,000 to the Defendant and damages for delay.

Accordingly, the plaintiff appealed and is currently pending in the appellate court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 54, Eul evidence Nos. 1 through 4 (including those with additional numbers), the purport of the whole pleadings

2. The plaintiff's assertion.