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1. The Defendant shall pay to the Plaintiff KRW 229,970,930 and the interest rate of KRW 15% per annum from September 14, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On May 26, 2014, the Siljin-si contracted Dwork (hereinafter “instant work”) to C (hereinafter “C”) with the construction cost of KRW 5,56,125,00, and the construction period from May 30, 2014 to July 21, 2017. On June 5, 2015, C subcontracted the instant work to the Defendant for water supply and drainage and soil works.
B. After that, C discontinued the instant construction, and the Defendant was unable to pay the Defendant’s subcontractor the construction cost, labor cost, etc. due to the failure to receive the subcontract price by C.
C. On March 10, 2016, Jin-si terminated the subcontract with C, selected the Plaintiff as a new construction business operator, and concluded a contract with the Plaintiff for the construction cost of KRW 4,273,325,00 for the remainder portion of the instant construction project, and the construction period from March 7, 2016 to September 26, 2017.
On May 23, 2016, the Plaintiff: (a) the construction price for the remainder portion of the water supply and sewerage works and soil works in the instant construction works is KRW 1,759,989,00 (i.e., KRW 765,589,000 + soil and sewerage works + KRW 994,400,000; including value-added tax); and (b) the construction period is determined and subcontracted from May 23, 2016 to September 26, 2017.
E. In order to receive advance payment from the Plaintiff, the Defendant was issued, respectively, an advance payment guarantee of KRW 168,718,00 for the guaranteed amount for the part of the instant construction works, the guarantee period of which is set from June 2, 2016 to September 26, 2017, the guaranteed amount for the part of the instant construction works among the instant construction works, the guarantee period of which is set from June 2, 2016 to September 15, 2016, the guaranteed amount of which is KRW 106,282,00 for the part of the instant construction works, the guarantee period of which is set from June 15, 2016 to September 26, 2017.
F. The Plaintiff is against the Defendant around June 2016.
Upon receipt of each advance payment guarantee set forth in paragraph (1), the Defendant paid 275,000,000 won as advance payment (i.e., advance payment of KRW 168,718,000 in the part of the waterworks and sewerage construction + advance payment of KRW 106,282,00 in the part of the earth and sewerage construction).
G. The Defendant is a water supply and sewerage construction work on July 7, 2016.