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1. The Plaintiff:
A. Defendant B and C jointly and severally KRW 153,272,534;
B. Defendant D Co., Ltd.
Reasons
In light of the purport of the entire arguments and arguments as to the claims, the Plaintiff is deemed to have already paid construction cost exceeding KRW 4,743,100,00 to the Defendant Company in cash or in bills, and thus, the above Defendants’ assertion as to this part is rejected.
3) In the case of claims above (2), (3), and (4), there is no evidence to prove that the Defendant Company has the above claims against the Plaintiff, and thus, this part of the above Defendants’ assertion is rejected. 4) Next, in full view of the following circumstances acknowledged in light of the purport of the above claims, the Plaintiff is obligated to pay the Defendant Company a sum of KRW 38,64,00 (i.e., interest for delay in payment of subcontract consideration amounting to KRW 27,694,000 (= interest for delay in payment of subcontract consideration amounting to KRW 10,950,00).
* While the Plaintiff paid to the Defendant Company the 60-day payment of the 1,739,644,000 won for each payment for completed portion as stipulated in the instant construction contract with the maturity of the 60-day payment, the Plaintiff did not pay the Defendant Company totaling KRW 27,694,00 for the bill discount incurred therefrom within 60 days from the date of payment for the completed portion.
* The Plaintiff did not pay to the Defendant Company the aggregate of KRW 10,950,000 for interest in arrears incurred as a result of the payment of the subcontract price equivalent to KRW 434,50,000 to the Defendant Company in excess of 60 days from the date of payment of the above progress payment
5. The fact that the instant reply, in which the said bill discount charge and overdue interest claim are set off against the Plaintiff’s damage claim amount on an equal basis with the Plaintiff’s automatic bond, was delivered on May 15, 2014 by the Plaintiff, is apparent in the record. As such, 38,64,00 out of the Plaintiff’s damage claim, 38,64,00 won is discount charge and overdue interest claim of the Defendant Company.