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1. The Defendant’s KRW 472,923,720 as well as the Plaintiff’s annual rate of KRW 5% from December 1, 2013 to November 20, 2015.
Reasons
1. Basic facts
A. On February 1, 2011, the Defendant purchased D response 5,623 square meters from Haan-gun, Haan-gun, Gyeongnam-gun, for the construction of a new factory, and on July 1, 201, upon introduction by C, the Defendant ordered the construction of the above ground-based factory (hereinafter referred to as “instant factory” and the above construction work “instant construction work”) by setting a construction period from July 10, 201 to October 10, 201, with the introduction by C on July 1, 2011 (hereinafter referred to as “the instant construction work”).
B. On November 21, 2012, the instant construction works were partially executed, and the Defendant again concluded a contract for the remainder of the instant construction works with the construction period from November 21, 2012 to December 30, 2012, with the construction period from November 21, 2012 to December 30, 2012 (including value-added tax).
C. On February 22, 2013, the Plaintiff subcontracted the parts of steel and concrete construction among the instant construction to the Plaintiff at KRW 1.5 billion.
Since then, the construction has been suspended, and the plaintiff had the remaining part of the construction of this case executed.
E. As to the instant factory, registration of ownership preservation was completed on August 28, 2013 in the name of the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 6-1, 2, Eul evidence 1, 3, 4, 8, 15 (including additional numbers), and the purport of the whole pleadings
2. The parties' assertion
A. On September 2, 2013, which was after the completion of the instant construction work, the Defendant drafted a written rejection of the payment for the construction cost (Evidence A 3) that the Plaintiff would pay the remaining construction cost of KRW 1,540,000,000 due to the instant construction work to the Plaintiff by November 2013, and thereafter, paid only KRW 254,176,280 among them.
Therefore, the Defendant is obligated to pay the remainder of the construction cost to the Plaintiff (i.e., KRW 1,540,000,000 - KRW 254,176,280) and damages for delay.
(b) the defendant.