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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 49,881,585 as well as to the plaintiff on July 24, 2015.
Reasons
1. Basic facts
A. On December 9, 2013, the Plaintiff entered into a contract with the Defendant to pay the contract amount of KRW 314,850,00 (20% of the first progress payment after the foundation concrete construction, KRW 30% of the second progress payment after the foundation construction, KRW 30% of the third progress payment after the foundation construction, KRW 20% of the completion payment after the foundation construction, and KRW 0.1% of the construction amount on March 30, 2014 when the completion date is delayed for at least seven days (hereinafter “instant construction contract”).
B. On April 29, 2014, in the course of performing the instant construction project, a landslide occurred near the construction site due to a concentrated rain, and the Plaintiff and the Defendant changed the completion date of the instant construction contract to May 30, 2014.
In order to ensure the safety of buildings due to the risk of earth and sand collapse, the installation of a concrete retaining wall should be done in accordance with the supervisor's opinion to install a retaining wall on the surrounding land. However, the date of completion was changed to July 30, 2014 again due to the reason that the Plaintiff did not raise funds.
C. On September 4, 2014, the process of retaining wall construction: (a) the Plaintiff’s president G and H president of the Foundation; (b) the Defendant’s I vice president, the public official in charge of viewing and viewing; and (c) the supervisor M agreed to perform both construction and retaining wall construction as well as the instant construction by September 2014; and (d) the retaining wall construction and the instant construction were to be completed by September 2014. Moreover, on September 5, 2014, the Plaintiff paid KRW 47,227,000 to the Defendant on September 5, 2014 that the Plaintiff would pay the Defendant at the time of completion of the original construction for the Defendant’s raising of funds. Accordingly, the Plaintiff paid KRW 47,27,000 to the Defendant on September 2, 2014, which was the end of the said agreement, and around September 2014, when the Plaintiff was in the presence of the Defendant’s outside director in the Plaintiff’s room.