Around August 2016, the Plaintiff entered into a subcontract with Defendant B Co., Ltd. (hereinafter “Defendant B”) to accept a subcontract for pipeline construction (hereinafter “instant construction”) from among the new construction works of neighborhood living facilities located in the Gu and America-si, for the construction cost of KRW 80,432,00 (including value-added tax).

At present, the construction of the above neighborhood living facilities was completed, and the Plaintiff was paid KRW 15.4 million as the construction cost of this case by Defendant B.

[Ground of recognition] The Plaintiff’s assertion of the purport of the entire pleadings and facts without dispute, Gap’s evidence Nos. 1 and 4 (including additional numbers; hereinafter the same shall apply), and the purport of the whole pleadings, was paid only KRW 15.4 million for the construction cost of this case by the Defendants, even though the Plaintiff was awarded a contract for construction cost of KRW 80,432,00 and completed additional construction work equivalent to KRW 13,068,000.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of the construction cost of this case and the additional construction cost of KRW 78,100,000 [=13,068,000 - KRW 15,440,000] and damages for delay.

According to the evidence prior to the determination on the ground of the claim for the construction cost of this case against Defendant B, the building of this case seems to have been completed after completing the remaining construction except for equipment installation works equivalent to KRW 10,658,143, which the Plaintiff did not construct, and the Plaintiff received KRW 15,40,000 from Defendant B as the construction cost of this case.

Therefore, Defendant B’s remainder of the construction cost of this case (=80,432,00 won - 10,658,143 won - 15.4 million won) and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from January 20, 2018, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, until October 19, 2018, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.