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1. The Defendant shall pay to the Plaintiff KRW 4,819,192,630 and the interest rate of KRW 15% per annum from July 11, 2016 to the date of full payment.
Reasons
1. Basic facts
A. The Defendant: (a) on April 28, 201, to extend a DNA complex operated on the ground, such as Seo-gu in Gwangju, Seo-gu; (b) the Plaintiff and the construction cost of KRW 2.31 billion; and (c) the construction period from May 2, 2011 to the same year.
8. By the end of 20.20, the Gwangju Dental Complex Extension Corporation (hereinafter “instant construction”) contracted (hereinafter “instant initial contract”).
B. On August 19, 2011, the Defendant increased the construction cost by KRW 5.28,187 million with respect to the Plaintiff’s said contract, and delayed the date of completion on September 30, 201 (hereinafter “instant modified contract”), and delayed the date of completion on September 29, 2011 again on October 31, 201. On October 31, 2011, the Defendant concluded a contract to change the date of completion to December 20, 201.
C. On the other hand, the Plaintiff concluded a special agreement with the Defendant to settle the construction cost in the first contract of this case with regard to certain construction items, and classify electricity, telecommunications, fire fighting, etc. as separate construction items. On August 19, 2011, the Plaintiff included the construction cost, such as electricity, telecommunications, and fire fighting construction, which is classified as separate construction items, separately from the construction cost to be adjusted later, by increasing the construction cost as KRW 5.28,187,00 as the instant modified contract of this case.
The Defendant completed the approval for use of commercial buildings extended by the instant construction on January 10, 2012.
[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, 12 through 15, Eul evidence 7, 8, 12 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged prior to the determination of the cause of the claim, the Defendant is obligated to pay the Plaintiff the construction cost and damages for delay under the instant final modified contract, unless there are special circumstances.
B. 1) Determination of the Defendant’s defenses, etc. 1) Determination of the Plaintiff’s claim against the Defendant for the instant modified construction contract for the sake of the Plaintiff’s loan convenience.