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1. The Plaintiff:
A. Defendant A’s KRW 116,071,680 as well as 5% per annum from December 3, 2015 to January 13, 2016.
Reasons
1. Facts of recognition;
A. On June 14, 2010, the Plaintiff entered into a contract with Defendant A to enter into a contract with Defendant A, setting the contract amount of KRW 186,700,000 for civil engineering works for the case of Gwangju City and three parcels (hereinafter “instant land”).
B. On August 10, 2010, the Plaintiff entered into a contract with Defendant B to set the additional civil works of the instant land as KRW 80,200,000 as the construction cost, with the Plaintiff’s contracting party.
C. On June 201, the Plaintiff completed all civil engineering works under each of the above agreements.
On the other hand, Defendant A paid to the Plaintiff KRW 70,628,320 on December 2, 2010, including KRW 50,000,000, KRW 10,628,320 on December 23, 2010, and KRW 10,000 on June 27, 2014.
[Ground of recognition] between the plaintiff and the defendant A: The confession and the defendant B: Each of the statements and the whole pleadings as to Gap's evidence Nos. 1 through 4
2. According to the above findings of determination as to the cause of the claim, Defendant A is obligated to pay the Plaintiff the unpaid construction cost of KRW 116,071,680 (i.e., KRW 186,70,00 - KRW 70,628,320), and as requested by the Plaintiff, 5% per annum as prescribed by the Civil Act from December 3, 2015 to January 13, 2016, which is the day following the delivery of a copy of the application for modification of the purport of the claim and the cause of the claim in this case, and 15% per annum as prescribed by the Act on Special Cases concerning the Facilitation, etc. of Legal Proceedings from the next day to the day of full payment. Defendant B is obligated to pay damages for delay at the rate of KRW 80,200,000 due to unpaid construction cost, and to pay damages for delay by November 29, 2015 to the day following the delivery of the application for modification of the purpose of the claim in this case and the claim.
3. The plaintiff's claim of this case against the defendants is with merit.