The defendant shall pay to the plaintiff KRW 32,192,866 as well as 5% per annum from December 20, 2017 to May 10, 2019, and thereafter.

The Defendant for the construction for the installation of a micro-organism cultivation tank awarded the Plaintiff the construction cost of KRW 5,500,000 for the installation of a micro-organism cultivation tank in the D business site. Since there is no dispute between the parties concerned that the Plaintiff completed the said construction, the Defendant is liable to pay the Plaintiff KRW 5,500,000.

In the event of the obligation to pay the cost of creative and metal construction works, the Defendant supplied E construction from F. On April 23, 2017, the Plaintiff entered into a contract for construction with the Plaintiff to subcontract the cost of construction KRW 242,00,000 to the Plaintiff in the cost of construction among the said construction works.

(B) Paragraph (3) of this Article, while the Plaintiff was first performing a creative construction project pursuant to the above subcontract agreement, the contract for substantial repair between the Defendant and F was terminated, and accordingly the said subcontract agreement between the Plaintiff and the Defendant was terminated.

Therefore, the defendant is obligated to pay the price for the construction work and damages for delay to the plaintiff.

(see Supreme Court Decision 2014Da83890, Dec. 28, 2017). Accordingly, the Defendant asserts to the effect that, according to the instant subcontract agreement, the time when the payment of the price is made is within 15 days after the receipt of the order place, and that, as the Defendant was unable to receive the payment of the price from F, the Plaintiff is not obliged to pay the price for the construction work.

However, if the contract for construction work is terminated during the course of the construction work, the existing contract for the payment date shall lose its effect, the contractor shall deliver the cancelled part of the construction work to the contractor, and the contractor shall be liable to pay the work price immediately.

(See Supreme Court Decision 91Da11490 delivered on July 9, 1991). In full view of the purport of the argument as a whole in the statement No. 3 of the fixed construction cost per se, the construction cost already completed part at the time the Plaintiff ceased construction work is KRW 70,360,000, and the construction cost is KRW 70,000.