1. The Defendant’s KRW 36,360,000 and its amount shall be 5% per annum from November 21, 2018 to June 11, 2020 to the Plaintiff.

1. Basic facts

A. On April 26, 2017, the Plaintiff entered into a new construction contract (construction, machinery and equipment contract) with the Defendant and C Child Care Center (hereinafter “instant contract”). On the end of the amendment of the contract several times, the construction price was KRW 768,950,110, and the completion date was determined on March 25, 2018.

According to the instant contract, the rate of liquidated damages is 0.05%.

B. The Plaintiff paid the Defendant the elevator price of KRW 8,470,00,000, around September 3, 2017, and KRW 29,700,000, around February 2, 2018, but the Defendant could not use the elevator on the wind that the subcontractor did not pay KRW 36,630,00,00. In such a situation, the Plaintiff applied for childcare center on September 3, 2018.

C. On November 9, 2018, the Plaintiff, the Defendant, and D Company agreed to pay KRW 36,630,000 to D Company on behalf of the Defendant.

Accordingly, on November 20, 2018, the Plaintiff paid the said money to D Company, and thereafter made it possible to use the elevator.

The defendant submitted a completion report on December 10, 2018, and passed the completion inspection on December 19, 2018.

【Reason for Recognition】 Each entry of Evidence Nos. 1 through 32, and the purport of the whole pleadings

2. Determination

A. As the Plaintiff paid KRW 36,630,00 to D Company on behalf of the Defendant at the Defendant’s request, the Plaintiff acquired the right to indemnity against the Defendant pursuant to Article 688 of the Civil Act.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by applying the respective rates of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of delivery of a copy of the application for modification of the purport of the claim and the cause of the claim, which added the Plaintiff’s damages for delay from November 21, 2018, the day following the above payment date to November 21, 2018.

B. Judgment on the Defendant’s counterclaim for offset (1) The Defendant’s summary of the allegations by the parties shall be the remainder of KRW 64,426,130 against the Plaintiff.