A. The Plaintiff filed a claim against the Defendant for the payment of the subcontract price of KRW 3,072,087,200 and the delay damages, based on the direct payment claim as prescribed by Article 14(1)1 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”). The first instance court accepted part of the above claim and rendered the judgment of the first instance court ordering the Defendant to pay KRW 39,9410,000 and the delay damages.

As a result of appeal by the plaintiff and the defendant respectively, this Court accepted part of each appeal by the plaintiff and the defendant before remanding the judgment of the first instance before changing the judgment to order the plaintiff to pay KRW 694,263,130 and its delay damages.

B. After that appeal, both the Plaintiff and the Defendant appealed against the judgment prior to remand. The Supreme Court reversed the part of the judgment prior to remanding, and remanded this part of the case to this court, and rendered a judgment of remanding both the Plaintiff’s appeal and the Defendant’s remaining appeal.

C. Therefore, the scope of this Court’s trial after remand is limited to the portion that orders the Defendant to pay damages for delay calculated at the rate of 60% per annum from April 4, 2013 to September 23, 2016, and 20% per annum from September 24, 2016 to the date of complete repayment, among the parts that have been determined by the judgment of remand, i.e., the part that lost the Defendant of the judgment before remanding.

On the other hand, in the judgment before remanding, the cited or rejected portion of the principal of the subcontract price and the dismissed portion among the damages for delay are separately decided by the judgment of remanding, and as a result, it does not fall under the scope of the judgment of this court.

2. Determination on the Plaintiff’s claim for damages for delay on the subcontract price

A. Basic facts 1) D Co., Ltd. (hereinafter “D”) is Article 2 of the Subcontract Act.