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1. The Defendant’s KRW 38,726,550 as well as the Plaintiff’s annual rate of KRW 5% from July 24, 2015 to April 28, 2016.
Reasons
1. Facts of recognition;
A. On December 9, 2013, the Plaintiff entered into a construction contract with the Defendant to pay the contract amount of KRW 314,850,00 (20% of the first progress payment after the basic concrete construction work, KRW 30% of the second progress payment after the completion of the framework construction work, KRW 30% of the third progress payment after the completion of the foundation construction work, KRW 20% of the fourth progress payment after the completion of the foundation construction work, and KRW 0.1% of the construction amount on March 30, 2014 when the completion date is delayed for at least seven days (hereinafter “instant construction contract”).
B. However, on April 29, 2014, around the construction site, the date of completion of the instant construction contract was changed to May 30, 2014.
In addition, due to the risk of earth and sand collapse caused by the construction of buildings, the installation of a concrete retaining wall was prior to the construction works in accordance with the supervisor's opinion to install a retaining wall on the surrounding land. However, the date of completion was changed to July 30, 2015 again due to the reasons such as the Plaintiff's failure to raise funds.
C. On September 4, 2014, the Plaintiff’s president G and H president of the Plaintiff’s Foundation, I vice president of the Defendant’s side, public officials in charge of viewing and viewing, and supervisors, to carry out construction works and retaining walls in lieu of preceding retaining wall construction in the viewing of three viewings. If the Plaintiff pays in advance the instant construction by the end of September 2014 that the Plaintiff would pay to the Defendant at the time of completion of construction for the Defendant’s monetary distribution, the Defendant would complete the instant construction by the end of September 2014.
Accordingly, on September 5, 2014, the Plaintiff paid KRW 47,227,00 for the fourth progress payment to the Defendant, and the vice president of the Defendant paid KRW 6.9 million as the cost of retaining wall construction on September 19, 2014, KRW 7.3 million on May 7, 2014, and KRW 7.3 million on October 6 of the same year, but the retaining wall construction did not run entirely.
Accordingly, the Plaintiff.