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1. The Defendant’s KRW 656,220,960 for the Plaintiff and 6% per annum from May 5, 2015 to July 19, 2017.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) entered into a contract with D Co., Ltd. for the construction of the head office to the head office.
B. On July 22, 2013, C: (a) the construction period for landscaping facility works (hereinafter “instant construction”) during the instant construction period from July 22, 2013 to November 29, 2014; and (b) the payment of progress payment once January of the instant subcontract agreement (Evidence A No. 1-1-1); (b) between the Plaintiff and the Plaintiff is stipulated that the payment of the construction cost was made in cash; (c) D Co., Ltd., the place of the instant order, paid the construction cost in cash; (d) the payment of the construction cost for the 1,2, and the 13-time progress payment was made in cash; and (d) the testimony of witness E, it is reasonable to deem that C and the Plaintiff agreed to pay the subcontract price in cash.
The subcontract agreement of this case (hereinafter “instant subcontract”) was concluded, and the subcontract price and construction period of the instant subcontract were finally changed on February 28, 2015 to March 31, 2015.
C. Pursuant to the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), C concluded an additional subcontract price guarantee agreement with the Defendant on July 22, 2013, with respect to the instant subcontract as follows: (a) the performance date of the contract; (b) the amount guaranteed 58,870,960 won; and (c) the guarantee period from July 22, 2013 to February 27, 2015; (d) the subcontract price guarantee agreement with the period from July 22, 2014 to April 30, 2014; and (e) the guarantee period from April 30, 2014 to April 30, 2014 to the period from April 30, 2014 to February 27, 2015 (hereinafter “instant guarantee agreement”).
C After the commencement of the instant construction project, C shall provide the Plaintiff with the first and second completed portion as stipulated in the instant subcontract.