The defendant shall pay 54,257,300 won to the plaintiff and 12% per annum from October 22, 2019 to the day of complete payment.

1. Basic facts

A. On March 28, 2019, the Defendant entered into a contract with the non-party company (hereinafter “the instant construction contract”) under which the construction of urban residential housing in Gyeonggi-gun D (hereinafter “instant construction”) was awarded a contract with the non-party company (hereinafter “instant construction contract”).

B. Prior to the conclusion of the instant original contract, the New Construction Corporation had already been suspended from performing civil engineering works.

C. On June 3, 2019, the Plaintiff entered into a contract for re-subcontracting (hereinafter “instant contract”) by setting the construction cost as KRW 845,90,000 (including value-added tax) from June 3, 2019 to August 20, 2019, among the instant new construction works from the Defendant and the Defendant.

Of the instant new construction works, civil engineering works were suspended on or around July 20, 2019. After the conclusion of the instant contract, the construction cost of the portion actually performed by the Plaintiff is KRW 116,757,300 (including value-added tax).

[Ground of recognition] Facts without dispute, Gap 1, 5, and 11, the purport of the whole pleadings

2. The fact that the construction cost of the portion actually constructed by the Plaintiff pursuant to the instant contract is KRW 116,757,300 (including value-added tax) is not disputed between the parties, and the Plaintiff is paid KRW 62,50,000 among the construction cost by the Defendant.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 54,257,300 (i.e., KRW 116,757,300- 62,500,000) and damages for delay of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 22, 2019 to the date of full payment, which is the next day after the original copy of the instant payment order was served on the Defendant.

3. The defendant's assertion and the judgment on this issue are as follows: the defendant paid to the plaintiff a total of KRW 134,000,000 as the construction cost under the contract of this case.