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1. The Defendant shall pay to the Plaintiff KRW 50,825,319 and interest rate of KRW 15% per annum from January 5, 2016 to the date of complete payment.
Reasons
1. The facts below the basis facts are either in dispute between the parties or in each entry in Gap evidence of sub-paragraphs 1 to 8, and Eul evidence of sub-paragraphs 1 to 31 (including numbers; hereinafter the same shall apply). It may be admitted by integrating the whole purport of the pleadings.
On June 29, 2009, the Plaintiff, together with the Defendant, Gold Industrial Co., Ltd. (hereinafter referred to as the “gold Industry”), and the Promotion Enterprise Co., Ltd. (hereinafter referred to as the “Promotion Enterprise”), constituted a joint supply and demand organization (hereinafter referred to as the “joint supply and demand organization”) with a share ratio of 56% (the Plaintiff), 10% (the Defendant), 13% (gold Industry), and 21% (hereinafter referred to as the “instant joint supply and demand organization”) with respect to the instant construction project, entered into a construction contract with the Korea Highway Corporation for the total construction amount of KRW 109,807,000,000 and 1500 (150 days).
B. On February 2010, the Plaintiff, the Defendant, the gold industry, and the Promotion Company entered into a joint contract operation agreement (hereinafter “instant agreement”) to determine matters necessary for the joint execution of the instant construction work.
The relevant contents of the agreement of this case are as follows.
Part 8 Guidelines for the Management of Funds and Accounting Article 4
C. Of the joint costs incurred until October 2015 in relation to the instant joint contractors, the amount to be borne by the Defendant, and the interest for delay applying 17% per annum, which is the rate of delay damages, from the date following the date of request for payment by the Plaintiff, until January 4, 2016, which is the date of delivery of a copy of the complaint of this case, are as follows.
4,206,867 won in interest on delay, 842,52,525 won in interest on delay, 5,049,392 won in total, and 42,061,139 won in interest on delay, 3,714,78 won in interest on delay, and 45,75,75,927 won in total, as a contribution from March, 2015 to October.
2. Judgment on the issue
A. The plaintiff's assertion (1) is asserted against the plaintiff.