1. The defendant shall pay 27,170,000 won to the plaintiff and 20% per annum from January 13, 2015 to the day of complete payment.

1. Basic facts

A. On July 23, 2012, the Defendant was awarded a contract for construction of an officetel located in the Seo-gu Incheon Metropolitan Government 1,353.1m2 (hereinafter “instant construction”) with the construction cost of KRW 9,735,00,000 (including value-added tax; hereinafter the same shall apply) and KRW 15 months after the commencement date of the completion plan, respectively.

B. On December 3, 2013, the Defendant subcontracted the instant construction works to the Plaintiff; ① the construction cost of KRW 123,200,000 for the instant construction works; and ② the construction period of the instant construction works from December 3, 2013 to January 31, 2014; ② the construction cost of the windows and glass construction among the instant construction works; and ② the construction period of KRW 497,200,00 for the construction cost of the instant construction works; and the period of construction from December 3, 2013 to January 31, 2014, respectively.

(hereinafter referred to as “instant subcontract”). (c)

The Plaintiff performed each of the above projects subcontracted by the Defendant, and suspended the construction work around July 2014 due to the dispute between the Defendant and the ordering person A and B. D.

On the other hand, the contract of this case between the defendant, A, and B is currently cancelled, and accordingly the subcontract of this case between the plaintiff and the defendant was cancelled implicitly.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that the subcontract price for the miscellaneous iron portion is KRW 27,170,000, since the plaintiff performed the miscellaneous construction work equivalent to KRW 27,170,000 among the instant construction work until the subcontracted construction is discontinued, the subcontract price for the miscellaneous construction portion to be paid by the defendant is KRW 27,170,000, and it is deemed that the defendant led to confession under Article 150 of the Civil Procedure Act.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from January 13, 2015 to the day of complete payment, which is the day following the delivery of the original copy of the instant payment order, to the day of full payment.

3. Determination on a claim for creative or favorable subcontract consideration

A. The Plaintiff may suspend the subcontracted construction work.