(1) On February 2015, the Plaintiff: (a) ordered the construction of D’s office houses (hereinafter “instant building”) operated by the Plaintiff on the ground level 1 and 4 above the ground level on the Kimhae-si, Seoul-si, and (b) ordered the Defendant to subcontract the construction of metal windows among the said new construction works.

B. The Plaintiff changed the fourth floor of the instant building from August 25, 2015 to October 13, 2015, the Plaintiff issued a contract by setting the construction cost of KRW 57,750,00 (including value-added tax) and the construction period from August 25, 2015 to October 13, 2015 to the Defendant.

Secondly, by October 31, 2015, the Defendant completed all of the instant metal hold works and steel frame works (hereinafter “instant works”).

x. While the Plaintiff did not pay the construction cost to the Defendant, on March 16, 2016, the Plaintiff directly paid the Defendant the unpaid portion of the construction cost of the instant metal hold construction cost, the Plaintiff agreed to pay the Defendant a total of KRW 72,820,000 for the construction cost of the instant construction work until April 6, 2016, and to pay the unpaid amount at a rate of 15% per annum.

The Plaintiff drafted, as the content of the above agreement, an notarial deed of debt repayment contract (hereinafter “notarial deed of this case”) in No. 519 of the E-joint law office document of this case.

(v) The Defendant delayed the payment of the money under the instant notarial deed, and applied for a compulsory auction against the Plaintiff’s real estate owned by the Changwon District Court F, and on April 11, 2016, the said court rendered a decision to commence compulsory auction.

⑹. 원고는 2016. 6. 22. 피고에게 위 강제경매신청의 취하를 위하여 이 사건 공정증서에 따른 72,820,000원과 그에 대한 지연손해금 및 경매비용 등으로 합계 80,020,000원을 지급하였다.

[Grounds for recognition] The number of evidence Nos. 1 through 6 is available.