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1. The Plaintiff:
A. Defendant B Co., Ltd. shall pay KRW 78,751,000 as well as its annual interest from September 1, 2015 to June 6, 2016.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings as set forth in Gap evidence Nos. 1, 2, 3, 7, 9, Gap evidence Nos. 4, 5, 5, and 6-1, 2, Eul evidence Nos. 2, 3, 5, and Eul evidence No. 4-1, 2, Eul evidence No. 1, 2, 3, 6, 8, Eul evidence No. 4-1 through 12.
The Plaintiff is engaged in the business of re-processing goods and the business of assembling buildings with the trade name of “D.”
B. Around April 2014, Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a construction contract with Defendant C to the effect that Defendant C was awarded a contract with Defendant C for the new construction and death construction work of Defendant C located in Boan-si (hereinafter “instant new construction work”).
C. (1) On March 10, 2015, the Plaintiff entered into a construction contract between the Plaintiff and the Defendant B with respect to the construction work of the instant new construction project, setting the construction cost of KRW 132 million for the construction work cost of the NT panel construction project of the instant construction project (hereinafter “instant construction project”). The Plaintiff entered into a construction contract with the Defendant B (hereinafter “instant construction contract”).
(2) On April 21, 2015, the Plaintiff changed the instant construction contract with Defendant B to the effect that the instant construction cost would be increased to KRW 177,787 million.
(1) As to the waiver of the new construction of this case by Defendant B (1) on July 6, 2015, Defendant B renounced the new construction of this case as of July 6, 2015, and (2) does not claim to Defendant C any balance of KRW 115 million out of the new construction of this case. ③ The construction payment already paid by Defendant C shall be paid by the subcontractor’s unpaid construction payment, and if not, the construction payment shall be paid with the bond secured by Defendant C, and ④ In the event that Defendant B paid the construction payment by all subcontractors, the construction payment shall be paid with the bond secured by Defendant C.