1. The Defendant’s KRW 153,298,923 as well as 15% per annum from May 23, 2019 to May 31, 2019 to the Plaintiff.

Basic Facts

Around January 1, 2016, the Defendant concluded a contract (hereinafter referred to as “instant contract”) with C Co., Ltd. (hereinafter referred to as “Nonindicted Company”) and with respect to the increased construction and remodelling construction of E Elementary School Teachers and Staff (hereinafter referred to as “instant construction”) on 24 lots of land, such as Dongdaemun-gu Seoul, Dongdaemun-gu, with the construction cost of KRW 6,170,000,000 (hereinafter referred to as “instant construction”) and the construction period of construction from January 1, 2016 to August 31, 2016 (hereinafter referred to as “instant contract”).

According to the instant contract, the rate of warranty bond shall be calculated by multiplying the contract amount by 3%, and the warranty bond is KRW 190,620,000.

In addition, the non-party company agreed to pay or deliver the warranty bond to the defendant by cash or a letter of guarantee issued by the guarantee agency, after the completion inspection, until the price for the construction is paid.

(Article 28(1) of the General Conditions of the Contract of this case. On June 28, 2017, the Plaintiff received a provisional attachment order of the claim for KRW 352,00,000, out of the construction price of the instant construction work to be paid to Nonparty Company by the Seoul Northern District Court 2017Kadan1590, and the said decision was served on the Defendant on July 3, 2017.

The plaintiff filed a lawsuit against the non-party company in Seoul Eastern District Court 2017Gahap10715.

On August 23, 2018, the above court shall pay to the Plaintiff KRW 180 million, and among which KRW 30 million is paid until September 30, 2018, KRW 50 million until November 30, 2018, and KRW 100 million until November 30, 2019, respectively.

If the defendant delays the above installment payment obligation at one time, he/she shall lose the benefit of the deadline, and shall pay the full amount of the unpaid amount by adding 15% interest per annum from the day following the day of loss of the benefit of the deadline to the day of full payment.

② The Plaintiff waives the remainder of the claim.