A. On January 30, 2013, the Defendant and C concluded a construction execution contract on behalf of the Defendant, etc. with all the authority for construction contracts and construction works, and the Defendant, etc., with the content that, on the said land, the owner of D and three parcels outside D and C, the owner of three parcels, 1.3 billion won for the new construction of F building, an urban-type residential housing, and 1.3 billion won for the construction period from February 1, 2013 to June 15, 2013, the construction period is from February 1 to June 2013.

B. The Plaintiff, on March 18, 2013, remitted KRW 170 million to the Defendant’s Dong G account on March 18, 2013, and KRW 70 million on March 20, 2013, and remitted total KRW 170 million to the Defendant’s Dong G account.

C. On June 23, 2015, the Defendant again confirmed to the Plaintiff on July 23, 2015, an agreement to use the said KRW 170 million as the construction price, plus KRW 100 million, out of KRW 400 million, to repay KRW 270 million as of the end of July 2013, the Defendant made a statement of performance (hereinafter “instant performance statement”) stating that “The Plaintiff will pay KRW 170 million out of the profit accrued from the construction work,” and that “E is unable to pay dispute with the representative of the building owner E.” As for the real estate owned by the contractor and subcontractor, due to their failure to pay the construction price, the Defendant reported the lien as the construction price of KRW 750 million, which was not received by the Defendant, and thus, reported the lien to the Plaintiff’s obligation as the construction price of KRW 750 million.”

On the other hand, the H auction procedure of the Speaker District Court was subordinate to the closure of distribution on October 17, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-3, 2-2, 3-2, Gap evidence 5-1-5 and the purport of whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant agreed to pay KRW 270 million to the Plaintiff. Thus, barring any special circumstance, the Defendant’s lawsuit promotion, etc. is conducted from December 20, 2016 to the day of complete payment, which is the day following the delivery of a copy of the complaint, to the day of full payment.