1. The Defendant’s KRW 46,00,000 as well as 5% per annum from February 29, 2016 to August 5, 2016, and the next day.

1. Basic facts

A. On February 2, 2013, the Defendant ordered Non-Party C to perform civil engineering works, such as YY and 2 lots of ground amusement parks, etc., and C subcontracted some of them to the Plaintiff (hereinafter “instant construction works”).

B. As C does not pay a part of the construction cost, the Plaintiff filed an application with the Suwon District Court for a payment order against C to claim payment of KRW 46 million for the construction cost and its delay damages (No. 2015j2023, Jun. 8, 2015, the same court issued a payment order on September 2015, which issued the payment order to C around September 15, 2015, and the payment order was served to C and confirmed on October 1, 2015.

C. C did not pay the construction cost despite the above payment order.

On December 29, 2015, the Defendant prepared and delivered a letter (hereinafter referred to as “each letter of this case”) signed with the Plaintiff stating that “The Defendant promised to be jointly and severally liable with C, and to make repayment by February 28, 2016,” with respect to the above payment order.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from February 29, 2016 to August 5, 2016, which is clearly indicated that the delivery date of the original copy of the instant payment order, to the Plaintiff from February 29, 2016, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

B. The defendant's assertion or defense 1) The defendant prepared a letter of claim that C will pay the construction price once to the plaintiff, although C requested repair and additional construction due to defective defects in the construction work of this case (such as stone storage work) executed by the plaintiff.