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1. The Defendant’s KRW 165,795,224 to the Plaintiff and KRW 6% per annum from November 1, 2014 to August 31, 2015.
Reasons
1. Facts of recognition;
A. On August 12, 2013, the Plaintiff and the Defendant entered into a contract for construction works with the Plaintiff and the Defendant, which were contracted by the Korea Rail Network Authority on August 12, 2013, for reinforced concrete and ancillary civil engineering works (hereinafter “instant construction works”).
B) A construction subcontract agreement which provides that “A subcontract shall be made to the Defendant during the construction period of KRW 1,363,010,000, and the period of construction from August 12, 2013 to May 30, 2014” (hereinafter “instant subcontract agreement”).
A) A modified contract was concluded on December 26, 2013 (hereinafter “instant modified contract”) with the content that the construction amount shall be increased to KRW 1,471,360,000, reflecting the increase in the cost due to the increase in the quantity due to the changes in design in the design (hereinafter “instant contract”).
(2) The instant construction contract, which reflects the modified contents, provides that the Plaintiff shall pay the Defendant an advance payment of KRW 152,98,000, and pay the progress payment once a month, and the Defendant shall be liable to guarantee the performance of the contract amount of KRW 147,136,000, and the Defendant shall be liable to compensate for the defects for the damages corresponding to 0.1% of the contract amount per day of delay.
B. On February 2014, the Defendant: (a) paid all the construction cost to be paid under the instant subcontract; (b) from that time, the Defendant entered into a sub-subcontract with the Defendant or entered into a equipment lease agreement with the Defendant, delayed payment of wages, materials and equipment rent, etc.; and (c) the Plaintiff demanded the Defendant to pay the unpaid wages and material cost as soon as possible; and (d) the Defendant asked the Defendant to pay the unpaid wages and material cost by the end of March 2014. However, at the end of April, the Defendant presented that the Defendant would be able to pay the unpaid wages and material cost by the end of April, 201, while receiving the progress payment from the Plaintiff at the end of March 2014.