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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Determination on the cause of the claim
A. On July 29, 2015, the Defendant: (a) concluded a subcontract agreement between the Plaintiff and the Plaintiff on July 29, 2015 (hereinafter “instant contract”); (b) a down payment of KRW 31,50,000 to August 31, 2015 (hereinafter “instant contract”); (c) a down payment of KRW 31,50,000 to be paid on the date of the contract; and (d) the remainder of KRW 73,500,000 to be paid by the Defendant within five days after the Defendant received the completion payment from the said Office of Education; (e) the Defendant paid the down payment of KRW 31,50,000 to the Plaintiff on the same day; and (e) the Plaintiff received the completion payment from the said Office of Education on September 30, 2015 from the said Office of Education; and (e) there is no dispute between the parties concerned.
B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the remainder of the subcontract construction cost of KRW 73,500,000 and the damages for delay calculated at the rate of 15% per annum under the Commercial Act from October 6, 2015 to December 3, 2015, which is the day following the date on which the Defendant received the completion payment from the Busan Metropolitan City Dong Office of Education from the date on which the Defendant received the completion payment from the Busan Metropolitan City Dong Office of Education, to the date on which the payment order was served, and from the next day to the date of full payment.
2. Judgment on the defendant's assertion
A. In the event that the Defendant pays to the Plaintiff the remainder of KRW 73,50,000 for the subcontracted construction cost, the Defendant incurred a loss of KRW 154,495,00 ( KRW 179,140,140,000, totaling KRW 179,140,000, and KRW 105,00,00 for the subcontracted construction cost to the Plaintiff, even though the Defendant was paid KRW 154,495,00 for the completion of the subcontracted construction cost by the Busan Metropolitan City Support Office of Education.