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1. The Defendant’s KRW 37,520,130 as well as the Plaintiff’s annual rate from July 7, 2012 to February 13, 2014, and the following.
Reasons
1. Basic facts
A. On March 10, 2010, the Plaintiff (formerly, Dong LLC) was awarded a subcontract for installation works of the machinery and equipment from the Daegu Comprehensive Construction Co., Ltd. (hereinafter “Large Comprehensive Construction”) to the contract price of KRW 510,000,00 and the construction period from March 10, 2010 to December 28, 2010, among the installation works ordered by the Air Force Central Construction Co., Ltd. (hereinafter “Large Comprehensive Construction”).
B. On January 27, 2010, 201, the Grand Comprehensive Construction had contracted the construction of the said 09-Ban-15 (2) with the construction cost of 3,503,627,300 won and had ceased the construction due to the default on payment, and waived the construction on May 3, 2011. On June 22, 2011, the Air Force Central Management Body concluded a contract with the Defendant for the remaining construction cost of 1,510,000,000 won (on November 24, 2011, the remaining construction cost of the said construction will be increased to 1,513,407,60 won), the construction period from June 22, 2011 to January 26, 2012.
C. On June 30, 201, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant and the said machinery and equipment construction (hereinafter “instant subcontracted construction”) by stipulating the construction cost of KRW 288,260,00 as the construction cost and the period from July 1, 201 to January 26, 2012 as the subcontract agreement (hereinafter “instant subcontract”). Within 15 days after entering into the contract, the amount of KRW 10,000,000 in advance was adjusted according to the details and proportion thereof within 30 days from the date of receipt of the object completed, and within 15 days from the date of receipt of the object completed, when the price adjustment and payment due to design changes, economic situation changes, etc. were made, and was paid within 15 days from the date of receipt by the ordering person.
The Defendant paid to the Plaintiff KRW 110,000,000 for advance payment, and KRW 69,600,000 for progress payment on September 9, 2011, respectively, on July 1, 2011.
E. On December 20, 2011, the Defendant completed the instant construction project, and the Air Force Central Management Body adjusted the contract amount of KRW 1,469,181,40 with the Defendant’s reduction of KRW 1,513,407,60 from KRW 44,226,20 ( KRW 15,986,174 in the case of the machinery works among them) after settling the construction amount on the same day.