1. The Defendant’s KRW 395,00,000 and the Plaintiff’s annual rate of KRW 6% from January 16, 2015 to April 1, 2016.

1. Facts of recognition;

A. The Defendant (hereinafter “instant construction”) was contracted from the former Mine Construction Co., Ltd. for the construction of the “Mining Elderly Hospital” (hereinafter “instant construction”) on the ground that the Defendant (around April 21, 2014, subcontracted the instant construction work to the Plaintiff KRW 539,000,000 among the instant construction work (hereinafter “instant subcontracted work”).

B. On May 30, 2014, the Plaintiff, the Defendant, and the Mining Construction Co., Ltd. entered into a modified contract with the content that the subcontract price of this case is KRW 730,400,000 (hereinafter “instant modified contract”).

In the instant modified contract, ① payment for completed portion shall be paid by the Mining Construction Co., Ltd. or the Defendant or a medical corporation; ② 50% of the payment for completed portion shall be made on September 5, 2014; 30% of the payment for completed portion shall be made on November 30, 2014; and 20% shall be paid 30 days after completion.

C. However, the Plaintiff did not receive the payment for the completed portion of the first and second subcontract price on the agreed date, and the subcontracted construction in this case was suspended due to the financing problem.

As of January 15, 2015, the Plaintiff’s work price is KRW 395,00,000.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendant, barring any special circumstance, shall promote the suit from January 16, 2015, which is the date following the settlement date of the progress payment, as the Plaintiff seeks with respect to the payment for the subcontracted project in this case and the payment for the completed portion from January 16, 2015 (the Defendant, as the payment for the completed portion was made in installments from September 5, 2014, shall be deemed to have arrived at the due date) to the Plaintiff by April 1, 2016, which is the date of service of the original copy of the payment order, and from the following day to the date of full payment.