1. The Defendant’s KRW 53,790,000 and the Plaintiff’s annual rate of KRW 6% from July 2, 2013 to June 26, 2014.

1. The Defendant, on October 15, 2012, contracted the construction of a facility related to animals and plants (hereinafter “instant construction”) located in 87-7, Jeonsung-gun Labor District, Jeonsung-gun, for the construction period from October 23, 2012 to December 30 of the same year. Accordingly, the fact that the Plaintiff had suspended the instant construction since around November 28, 2012 when it performed the instant construction work, does not conflict between the parties, or that it can be recognized by comprehensively taking into account the overall purport of the pleadings in the statement No. 2 of the evidence No. 2.

2. The gist of the Plaintiff’s assertion: (a) at the time of entering into the contract on the instant construction project with the Plaintiff, the Defendant agreed to determine the amount and time of advance payment and payment for completed construction amount of KRW 814 million (including value-added tax); (b) around October 30, 2012, the Defendant agreed to pay KRW 200 million out of the construction price to the Plaintiff after consultation with the Plaintiff; (c) but thereafter, notified the Plaintiff of the written waiver of the construction project without paying the advance payment. In light of the Defendant’s attitude, it is apparent that the Defendant had no intention to perform the said contract; and (d) the Plaintiff is difficult to resume the said construction due to the Defendant’s failure to pay the advance payment for the construction cost, and thus, the said contract was

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 72,372,00 [the construction cost of KRW 740,000,000 ( KRW 814,000,000 - KRW 74,000 - KRW 74,000), x the rate of 9.78% high, excluding value-added tax] and the delay damages for the construction work that the Plaintiff had executed.

3. Determination

A. Examining the purport of the entire pleadings as a result of the fact-finding on the witness A and B’s testimony and the fact-finding on the Bosung head of this court, the Defendant was selected as a person eligible for a loan support from the Green Livestock Promotion Fund in April 5, 2012 regarding the construction of original livestock pens around April 5, 2012.