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1. The Defendant’s KRW 54 million and the Plaintiff’s annual rate from July 17, 2015 to November 10, 2016, as follows.
Reasons
1. Presumed facts
A. On July 11, 2014, the Defendant awarded a contract for construction of the building D (hereinafter “instant building”). On October 27, 2014, C subcontracted the Plaintiff with the construction cost of KRW 459,29,296,902 (i.e., the construction cost of the instant construction work (hereinafter “instant construction”) of the said construction work (i.e., KRW 223,321,200, indirect construction cost of KRW 11,16,060, indirect construction cost of KRW 4,640,00, KRW 220,169,649,642).
B. On December 24, 2014, the Plaintiff changed the construction cost into KRW 243,321,200 between C and C, and the Defendant concluded on the same day with the Plaintiff and the Defendant that “The Defendant guaranteed the Defendant’s obligation to pay the subcontract price of this case to C and paid it directly” (hereinafter “previous 1 Agreement”).
C. On January 6, 2015, the Defendant entered into an agreement with the Plaintiff that “the Defendant guarantees the Defendant’s obligation to pay the subcontract price of this case to C, and shall pay it in direct payment, and the payment method shall be paid KRW 50 million at the time of the first butane concrete typology, KRW 200 million at the time of the second underground floor slab bars, and KRW 200 million at the time of the second floor slab concrete typixment, respectively. The remaining construction costs shall be dealt with upon mutual consultation. The full payment of construction costs shall be made in cash within seven days after the completion of the construction (hereinafter “previous 2 agreement”).
C On January 20, 2015, the Plaintiff sent to the Plaintiff a certificate of content that “the Plaintiff unilaterally suspended the instant construction from January 15, 2015,” and that “the instant subcontract is no longer constituted, and the instant construction will be paid to the present time.”
E. C shall reverse the instant subcontract as of January 25, 2015 between the Plaintiff and C on January 27, 2015.
C is KRW 240,000,000,000 for the subcontract price of this case to the Plaintiff.