1. The Defendants are jointly and severally liable to the Plaintiff for 107,515,940 won and 6% per annum from September 3, 2015 to May 29, 2018.

1. Basic facts

A. On March 25, 2015, the Plaintiff was awarded a contract with Defendant A Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “Defendant Company”) to construct a factory of the Defendant Company at the Gangwon-gun E site for the construction cost of KRW 834.9 million (including value-added tax) (hereinafter “instant construction contract”), and Defendant B and C guaranteed the Defendant Company’s obligation to the Plaintiff under the said construction contract.

B. Around April 2, 2015, the Plaintiff commenced construction works based on the instant construction contract, but discontinued construction works on July 11, 2015 due to disputes with the Defendant.

(hereinafter referred to as the “instant construction”). (C) The part of the construction executed by the Plaintiff.

On June 19, 2015, Defendant Company paid the Plaintiff KRW 300 million for the completion payment under the instant construction contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 5 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion is jointly and severally liable to the Plaintiff. ① KRW 96,243,903, excluding KRW 300,000,000,000 for the progress payment based on the instant construction contract, ② Additional construction cost of KRW 10,712,016 (including indirect costs and value added tax), ③ Part of the damages equivalent to the performance profit incurred by the Plaintiff due to delay in payment of the progress payment of the Defendant Company and the interruption of construction due to unilateral demand, and is obligated to pay the amount of money indicated in the purport of the instant construction contract plus KRW 7,665,42, as stated in the instant construction contract.

B. (1) Determination on progress payment (A) In full view of the facts acknowledged as Gap evidence No. 1, Eul evidence No. 1, the appraisal result of appraiser F, the fact inquiry result, the supplementary appraisal result, and the purport of the entire pleadings, the detailed details of the construction cost as to the completed portion at the time the Plaintiff ceased the instant construction project, and of the construction cost required for the unexecution portion, are as listed below.