A. On January 11, 2013, the Plaintiff entered into a subcontract with the Defendant on the building stones C located in B located in B located in North Korea, and entered into the said subcontract in the name of Nonparty D, who had no business registration certificate at the time, and entered into the said subcontract with the Defendant and the Defendant on April 2013. The Defendant had already been aware of this fact, and the Defendant deposited KRW 30,000,000,000 on January 14, 2013, and KRW 10,000,000 on March 13, 2013 as part of the said contract price, respectively. < Amended by Act No. 11614, Jan. 14, 2013; Act No. 11683, Jan. 23, 2013; Act No. 1687, Mar. 10, 2013>

B. However, as the Defendant paid the Plaintiff the above KRW 50,000,000 to the Plaintiff and did not pay the remainder of the construction cost, the Plaintiff filed a lawsuit against the Defendant on January 14, 2015 with the Jeonju District Court 2015No2375 against the Defendant.

C. However, at the time, the Plaintiff sought KRW 48,60,000, but due to any clerical error, only KRW 4,860,000 was claimed due to a clerical error. On January 15, 2015, the Jeonju District Court rendered a decision to recommend performance to the effect that the Defendant would pay to the Plaintiff the amount calculated at the rate of KRW 4,860,000 per annum from the day following the delivery date of the copy of the above complaint to the day of complete payment. The above decision to recommend performance became final and conclusive around that time.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 11 and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 43,740,000 won (=48,60,000 won - 4,860,000 won) and as requested by the plaintiff, 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 10, 2015 to September 30, 2015, which is the day following the delivery date of the copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

I would like to say.

The plaintiff shall pay damages for delay calculated at the rate of 20% per annum from the day after the copy of the complaint of this case is served to the day of complete payment.