1. The Defendant’s KRW 410,933,600 as well as 6% per annum from September 7, 2013 to November 17, 2016 to the Plaintiff.

1. Presumed factual basis

A. On November 29, 201, the Defendant, including the conclusion of the instant subcontract, was awarded a contract for the supply and installation of the boiler 5, 6 fire fighting plant to the Yong-dong Development Co., Ltd. (hereinafter “the instant prime contract”).

On February 12, 2013, the Defendant concluded a subcontract (hereinafter “instant subcontract”) with respect to the supply and installation work of the electric mooring place (hereinafter “instant construction work”) among the main contract works of the instant case, with regard to “the subcontractor, the Defendant, the subcontractor, the Plaintiff, the construction period from February 26, 2013 to May 20, 2013, the construction cost of KRW 880,000 (including value-added tax) and the rate of penalty for delay 0.5%.”

On February 12, 2013, the Defendant paid 176,000,000 won out of the construction price of the instant case to the Plaintiff as the down payment.

B. The Plaintiff and the Defendant agreed to terminate the instant subcontract around July 10, 2013, including the termination of the instant subcontract.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 11 (including provisional number), Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion is obligated to pay to the plaintiff 508,189,000 won (=684,189,000 won (=880,000,000 x 77.7485%)-176,00,000 won (pre-paid construction payment) and delay damages for the payment of construction payment under the high ratio (77.74875%) on the construction work of this case.

B. The relevant legal interest rate should be calculated and confirmed by calculating the ratio of the construction cost incurred in the completed portion of the total construction cost to the cost incurred after determining the agreed construction work content and the construction work content of the already completed part, and after determining the construction cost to be incurred in the completion of the completed part as of the time when the obligation to pay the construction cost arises.

(See Supreme Court Decision 94Da31631 delivered on January 23, 1996). C.

Facts of recognition

. An appraiser;