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1. The defendant's appeal is dismissed.
2. Based on the incidental appeal, the defendant shall pay 2,958,608 won to the plaintiff.
3...
Reasons
1. Basic facts
A. On December 27, 2013, the Plaintiff entered into a subcontract and a performance 1). The Plaintiff is a company engaged in the construction business, electrical construction business, etc., and the Defendant is a company engaged in civil engineering and construction business, housing site preparation business, housing construction business, etc. (2) On December 27, 2013, the Plaintiff entered into an additional subcontract with the Defendant on April 25, 2014, which was determined as the price for traffic safety facilities and CCTV construction (hereinafter “the instant construction”). The payment date for the instant construction was KRW 352,00,000 (excluding value-added tax) and the following month from the date on which the Plaintiff claims the price for the instant construction.
3) Around April 25, 2014, the Plaintiff completed the instant construction including the additional construction. Around April 25, 2014, the Plaintiff adjusted the construction cost of each of the said subcontracts to KRW 473,00,000 (including value-added tax) by adding up the construction cost of each of the said subcontracts to the Defendant. (B) The Defendant paid the Plaintiff KRW 361,000,000 as the construction cost of the instant case on April 15, 2014, KRW 33,00,000,000 on April 25, 2014, KRW 42,90,000 on May 2, 2014, KRW 20,000 on October 13, 2014, KRW 15,000 on March 15, 200,000 on the aggregate of the construction cost of the instant subcontract.
2) Meanwhile, with respect to the instant case on April 30, 2015, the first instance court rendered a judgment ordering the Plaintiff to pay 111,10,000 won (i.e., KRW 473,00,000 - KRW 361,90,000) and damages for delay calculated at the rate of 20% per annum from October 25, 2014 to the date of full payment (i.e., full payment), the Defendant appropriated the Plaintiff for the principal and interest of KRW 11,23,156 on July 11, 205, and KRW 41 on August 59, 2015, KRW 68,706,00 on October 23, 2015, KRW 369,000 on May 369, 200,000) and the Plaintiff partly repaid the principal and interest of KRW 15,205,781,981.