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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. The defendant shall pay to the plaintiff KRW 182,814,049 and its related costs.
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance shall be either dismissed or added, or deleted as follows, and the annexed Forms 1 and 2 of this judgment shall be added, and the annexed Form 1 attached to the judgment of the court of first instance shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except in cases where the annexed Form 3 of this judgment is used.
The following shall be added between the third and third parallel of the judgment of the first instance:
“4) The Defendant received advance payment and progress payment from the Korea Environment Corporation, which is the ordering authority, as shown in the attached Table 1.
5) The instant construction work was completed on December 16, 2019, after the closing of the argument in the first instance trial, and completed on December 16, 2019, by adding “Evidence No. 12, No. 4, and No. 5 of the A” to “Evidence No. 12, No. 4, and No. 5,”
The 3rd to 5th to 5th to 5th to 3th 10th 10 shall be marked as follows.
According to the above facts, KRW 267,185,951, the sum of KRW 1,951, 267,185,95, and KRW 182,814,049, and the remaining principal amount of KRW 182,814,049, as the construction of this case was completed on December 16, 2019. Thus, barring special circumstances, the Defendant is obligated to pay to the Plaintiff interest or delay damages at KRW 45,00,000 per annum from August 1, 2017 to the date of full payment. The Defendant is obligated to pay the Plaintiff interest or delay damages at KRW 25% per annum from August 1, 2017 to the date of full payment. Section 7, 3, and 6, of the first instance judgment as follows.
From May 17, 2018 to September 11, 2019, the Defendant paid approximately KRW 2.1 billion to the Plaintiff as shown in the attached Table 3. The Defendant agreed to first repay the loan as construction cost at the time of the first loan. Even if the agreement is not accepted, the above KRW 2.1 billion was first appropriated to each of the instant loan obligations with the due date or with the benefit of repayment. Thus, each of the instant loan obligations is repayment.