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1. The Defendant shall pay to the Plaintiff KRW 17,025,733 as well as 6% per annum from June 10, 2014 to March 13, 2018, and the following:
Reasons
1. Facts of recognition;
A. On August 10, 2009, the Defendant entered into the first construction contract with the joint contractors (21.5% equity ratio) such as the Multilateral Construction Co., Ltd. and the Limited Liability Company (hereinafter “Pung Construction”), with respect to the construction of the new prison facilities, and subsequently, entered into the construction contract by number of vehicles. On April 17, 2013, the Defendant entered into the first construction contract and carried out construction. The Taesung Construction Co., Ltd (hereinafter “Tong Construction”) jointly and severally guaranteed the instant construction contract.
B. On April 29, 2013, the Plaintiff guaranteed the obligation to return advance payment to the Defendant when a cause for return arises with respect to advance payment to be received from the Defendant in relation to the 6th construction. Accordingly, on May 2, 2013, the Defendant paid advance payment of KRW 379,460,000 to the Gwangju Construction.
C. On December 17, 2013, the Defendant claimed the return of the advance payment against the purpose of using the advance payment, etc. However, on January 9, 2014, the Defendant claimed the Plaintiff to pay the deposit.
On June 9, 2014, the Plaintiff paid to the Defendant KRW 227,061,045 (on December 26, 2013, KRW 217,308,935 deducting KRW 162,151,065 (on May 3, 2013, KRW 379,460,00 that was already paid) from the base value as of December 26, 2013, and delay damages therefrom, KRW 217,308,935,0273 (the sum of KRW 217,308,935,273 (on May 3, 2013, the date following the advance payment)/36,050.06).
E. Meanwhile, on December 19, 2013, the Defendant confirmed that KRW 917,119,00 of the additional construction cost has occurred due to price fluctuation, and notified the joint contractor of the fact, and notified the conclusion of a contract for the change of the price (amount increased).
However, the joint contractor on December 26, 2013.