A. On June 14, 2017, the Defendant filed a lawsuit against the Plaintiff for the claim for construction cost under Busan District Court Branch 2016Gadan18038, Busan District Court Branch 2016, which rendered a judgment that “the Plaintiff shall pay to the Defendant 9,660,152 won and the interest rate of 15% per annum from November 15, 2016 to the date of full payment.”

(hereinafter “instant judgment of the first instance court”). B.

The Plaintiff appealed against the judgment of the first instance court of this case.

The defendant extended the claim in Busan District Court 2017Na5096, the appellate court, and the above court dismissed the plaintiff's appeal on May 4, 2018. On the other hand, according to the extended purport of the claim, the plaintiff ordered the defendant to pay the amount of KRW 15,250,000 and the interest calculated at the rate of KRW 15% per annum from January 18, 2018 to the date of full payment.

(hereinafter referred to as “instant appellate judgment”) C.

On May 16, 2018, the Plaintiff deposited KRW 63,520,951 with the depositee as the Defendant in the Changwon District Court No. 1674 in 2018, and the Defendant received the partial repayment amount.

In relation to the judgment of the first instance court and the judgment of the appellate court of this case, the Defendant filed an application for confirmation of the amount of litigation costs under the Busan District Court's Dong Branch 2018Kao165, and on October 1, 2018, the same court determined the amount of litigation costs to be repaid to the Defendant as KRW 5,842,910.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 3, 6 evidence, Eul 2, the purport of the whole pleadings

2. The parties' assertion

A. After the judgment of the appellate court of this case asserted by the plaintiff, the plaintiff acquired the claim 74,579,000 won, which the non-party C Co., Ltd. (hereinafter referred to as "C") claims against the defendant as a lawsuit for damages in Changwon District Court 2017da108793, and the damages for delay thereof. The remaining amount shall be due to the repayment deposit and the judgment of the first instance court and the appellate court.