양수금
1. The Defendant’s KRW 26,58,238 as well as the Plaintiff’s KRW 5% per annum from August 11, 2018 to May 14, 2020.
1. Facts of recognition;
A. On March 25, 2011, Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) concluded a construction contract with the Defendant and the Defendant, on the land owned by the Defendant, for the construction of a new house of four stories above ground (hereinafter “instant construction contract”) on the land owned by the Defendant, Nam-gu, Incheon (hereinafter “instant construction contract”) at KRW 300,00,000 for construction cost, and commenced the instant construction work around that time.
B. In the process of the instant construction, the Defendant decided to reduce the construction cost of the instant case to KRW 290,000,000, and paid KRW 56,571,469, and KRW 87,245,239, respectively, to the Nonparty Company as the construction cost of the instant case, on April 28, 2011.
C. Around September 1, 2011, Nonparty Company completed the instant construction, and the Defendant completed the registration of ownership preservation in the name of the Defendant on September 19, 201 regarding the newly-built house (hereinafter “instant house”).
The non-party company and the defendant around that time adjusted the construction cost of this case to increase the sum of KRW 7,675,667, and KRW 2,50,00, and KRW 2,765,00, and KRW 3,265,00,00, and the total of KRW 3,00,00,00, and KRW 289,410,667, and the construction cost of this case was calculated to reduce the sum of KRW 29,410,667 (= KRW 290,00,000 - KRW 7,675,6675,667 - KRW 8,265,00). Accordingly, at that time, the balance of the construction cost of this case was 145,593,959 (= 289,410,67,567 - 56,571,469,879,2539).
E. For the repayment of the construction cost of this case with the non-party company and the non-party company as the debtor, the defendant accepted the loan as security and agreed that the loan will cover the balance of the construction cost of this case.
On January 19, 2012, Nonparty Company received loans of KRW 140,000 from E Bank under its name (hereinafter “instant loans”) and appropriated for the instant construction cost. On the same day, Nonparty Company paid KRW 20,000,000 to the Defendant.