A. The Plaintiff is a company engaged in the building business, etc. and the Defendant A limited liability company (hereinafter “Defendant Company”) is a company engaged in the fire-fighting system construction business, etc.

B. The Plaintiff, from the Defendant Company, completed the said construction work by treating the CBuilding Electricity Fire Fighting Construction Work in the building located in Namyang-si at the cost of construction of KRW 66 million (including value added tax).

C. On July 26, 2012, Defendant B agreed to pay the Plaintiff the unpaid construction cost of KRW 38.5 million up to that time until December 31, 2012.

The construction cost unpaid as of the closing date of the instant case is KRW 36,380,000.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants jointly and severally filed a claim for payment of KRW 3638,00,000,000 payable to the Plaintiff, and for this, 6% per annum as prescribed by the Commercial Act from January 1, 2013 to October 14, 2015, which is the last delivery date of the copy of the complaint in this case, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment (the Plaintiff is seeking payment of damages for delay calculated at the rate of 20% per annum for the foregoing period, but the pertinent provision was amended to reduce the statutory interest rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, and thus, the Defendants are obliged to pay damages for delay in excess of the interest rate of 1

B. The defendants' assertion and the judgment of the defendants are asserted as follows.

In other words, under the circumstances where construction was suspended due to the failure to pay the construction cost due to the bankruptcy of the SH Comprehensive Development Company and the ELDD City Co., Ltd., a contractor, the contractor, and the contractor, the contractor resumed the construction by requesting for the resumption of all the construction cost when the construction is completed.