A. On March 28, 2014, the Plaintiff drafted a written agreement with the Defendant regarding the construction of new apartment (hereinafter “instant agreement”) with respect to the building of the Nam-gu C apartment (hereinafter “instant agreement”). The main contents are as follows.

1) As to the total construction payment of KRW 130,00,000 in cash, KRW 20,000 shall be paid on March 28, 2014. The remainder shall be settled by paying KRW 120,000,000 in cash with KRW 50,000 in cash with D Building E (hereinafter “instant apartment”).

3) The balance of 50,000,000 won in cash is the payment key on the base date on which the provisional disposition is completely resolved. 4) However, if the warranty of defects and the repair of defects are not completed, the agreement is deemed null and void.

B. On March 28, 2014, the Defendant paid KRW 30,000,000 to the Plaintiff. The sales contract for the instant apartment was prepared and executed.

C. Thereafter, on April 3, 2014, the Plaintiff submitted an application for withdrawal and cancellation of enforcement in the Daegu District Court’s Port Branch Decision 2014Kadan82, 2014Kadan217, and the Defendant paid KRW 10,000,000 to the Plaintiff on August 13, 2014, and KRW 5,000,000,000 to the Plaintiff on September 3, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, 8, Eul evidence 1 to 4, the purport of the whole pleadings

2. On March 28, 2014, when preparing the instant agreement with the Defendant, the Plaintiff agreed to pay KRW 50,000,000 to the Plaintiff on the date of resolution of provisional disposition, but the Defendant paid KRW 10,00,000 to the Plaintiff despite the termination of provisional disposition execution, the Plaintiff asserts that the Defendant is obligated to pay the remainder of KRW 40,00,000 to the Plaintiff and the delay damages therefrom.

On March 28, 2014, when the Plaintiff drafted the instant agreement with the Defendant on March 28, 2014, the Defendant’s 50,000.