1. The Defendant’s KRW 134,197,830 as well as 5% per annum from June 1, 2015 to August 22, 2017 to the Plaintiff.

1. Basic facts

A. On March 21, 2014, the Plaintiff entered into a contract with the Defendant to pay the contract amount of KRW 421,300,000 (including value-added tax) for the electrical construction (hereinafter “instant construction”) among the new construction works of the Mine Hospital for the Aged in Dong-ri, Dong-ri, 8-1 (hereinafter “instant construction”) and the construction period without separately stipulating that the progress payment shall be paid in cash at the rate of base once a month, and agreed to receive the cost of provisional electrical construction separately.

B. On September 30, 2014, the Plaintiff claimed KRW 110,107,134 as progress payment to the Defendant, but failed to receive it, and the instant construction was suspended on May 2015.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3 and the purport of the whole pleadings

2. The assertion and judgment

A. As the Plaintiff carried out provisional electrical construction other than the instant construction, the Defendant asserts that the Plaintiff is obligated to pay to the Plaintiff KRW 157,886,444, and delay damages for the amount calculated by deducting KRW 48,613,556, which are equivalent to the construction cost of the portion that the Plaintiff did not carry out, such as water transformation equipment equipment, from the total of KRW 194,100,000, and KRW 12,40,000,000, both of the provisional electrical construction cost and KRW 12,40,000.

B. Where a construction contract for a construction project has been interrupted, the remuneration to be paid by the contractor shall not be based on the amount applied to the total construction cost agreed between the parties, except in extenuating circumstances, and the cost actually paid by the contractor.

At the time of occurrence of the obligation to pay the construction cost, i.e., the ratio of the expenses incurred in the completed portion of the total construction cost to the construction cost that the contractor will complete as of the time of discontinuance of the construction work, to the construction cost already completed, shall be calculated and determined.

(see, e.g., Supreme Court Decisions 94Da31631, Jan. 23, 1996; 2014Da11574, Jan. 12, 2017).

l.p. g., p.