A. (1) On May 1, 2016, the Plaintiff received a subcontract from the Defendant on May 1, 2016 for installation of machinery and equipment and fire-fighting equipment and fire-fighting equipment (including value-added tax) among the construction works of a new site neighborhood living facility A in Silsi-si, with the construction cost fixed from May 1, 2016 to December 30, 2016. (2) On July 29, 2016, the Plaintiff received a subcontract from the Defendant for installation of fire-fighting and urban gas construction works among the construction works of the said new construction works (including value-added tax) by setting the construction cost of KRW 33,00,000 (including value-added tax) and the construction period from July 29, 2016 to December 31, 2016.

B. Around December 2016, the Plaintiff completed each of the above construction works, and the Plaintiff received part of the construction payment from the Defendant and remains unpaid of KRW 110,000,000 as of November 20, 2017.

C. On November 20, 2017, the Defendant confirmed to pay KRW 111,00,000 to the Plaintiff by not later than February 10, 2018. Of them, KRW 50,000,000 shall be paid until December 20, 2017.

I prepared a written confirmation of ‘A’. D.

Since then, the defendant paid KRW 35,000,000 to the plaintiff.

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

2. Determination

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 76,000,000 (i.e., KRW 111,00,000 - KRW 35,000,000) and damages for delay calculated at each rate of 15% per annum as prescribed by the Commercial Act from March 14, 2018 to April 13, 2018, the delivery date of the copy of the complaint of this case, as the Plaintiff seeks.

[The distribution schedule was prepared on October 25, 2018, stating that the Plaintiff (Seoul Western District Court 2018Kadan459) who was the provisional attachment authority, distributed KRW 14,327,025 to the Plaintiff (Seoul Western District Court 2018Kadan459), but the Plaintiff is merely a provisional attachment authority who did not have the title of execution, and the dividend could not be actually received.