A. On February 18, 2014, the Plaintiff entered into a contract with the Defendant for the manufacture and installation of an elevator for the housing unit 49-17, Guro-gu, Seoul, Guro-gu, and agreed as follows:

(hereinafter) The above elevator shall be referred to as “the instant elevator”, and the above contract shall be referred to as “the date of completion inspection of elevator main facilities): Contract amount of 73,700,000 won on May 18, 2014 (the date of completion inspection of elevator main facilities): Conditions for the payment of down payment of KRW 73,70,00 (including value added tax): 14,740,000 upon entering the site of main materials - Part payment of KRW 51,590,000 upon entering the site of main materials - Full payment of KRW 7,370,000 on the site or at the place designated by the Defendant.

B. The Plaintiff completed the manufacture and installation of the instant elevator prior to the payment date under the contract of this case, but only received down payment of KRW 14,740,000 from the Defendant, and did not receive the remainder of the intermediate payment and the payment.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff a total of KRW 58,960,000 (= KRW 51,590,000) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 8, 2015 to the date of delivery of the original copy of the instant payment order, as sought by the Plaintiff.

B. On the judgment of the defendant's assertion, the defendant argued that the defendant cannot respond to the plaintiff's request until the certificate of completion inspection is issued and the certificate of completion is actually operated. However, as seen earlier, the intermediate payment under the contract of this case is to be paid at the time of shipping the main materials into the site, and the payment of the intermediate payment and the payment of the full payment is to be made at least seven days prior to the application of the completion inspection. The above obligation to pay the intermediate payment and the payment