1. The Defendant’s KRW 32,065,00 as well as 6% per annum from January 16, 2017 to September 4, 2019 to the Plaintiff.

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 5, the plaintiff is a person engaged in paint retail business, painting construction business, etc. with the trade name of "C," and the defendant is a corporation engaged in construction business, such as indoor construction work. On December 12, 16, the plaintiff was subcontracted from the defendant on December 12, 199 the price of "D Housing Exhibition Center Construction" in the amount of KRW 60,50,000 (the principal amount of KRW 55,00,000,000 won) (the value-added tax of KRW 55,000,000) to the plaintiff at the time of the subcontract contract, the defendant paid the intermediate payment (the contract amount of KRW 30%) to the plaintiff until December 30, 2016, the remaining amount of the contract amount of KRW 40,000,0000,000,000,000.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 32,065,000 (i.e., KRW 60.5 million x 53%) at the time of the discontinuance of the instant construction project, as sought by the Plaintiff, 6% per annum under the Commercial Act from January 16, 2017 to September 4, 2019, which is the date of this decision, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

[Plaintiff’s claim against the Defendant for payment of KRW 33 million in total of the advance payment and intermediate payment as stipulated in the above subcontract (i.e., KRW 55 million x 60%). However, unless there is no proof as to the fact that the advance payment rate at the time of the discontinuance of the instant construction work reaches 60%, the Plaintiff’s claim for payment of construction price exceeding the above recognized advance and high rate cannot be accepted. 2. The Defendant’s claim as to the Defendant’s claim is asserted by the Plaintiff.