- The Plaintiff subcontracted to the Defendant on March 4, 2015, a work for civil engineering, temporary installation, earth and sand, agal basis, and reinforced concrete construction among new construction works for workplace childcare facilities that were contracted by the National Armed Forces Command.

- On December 15, 2015, the Defendant prepared a loan certificate to the Plaintiff that the Defendant would repay KRW 70,000,000, which the Defendant borrowed from the Plaintiff for the purpose of the incidental civil construction cost (hereinafter “the instant loan certificate”) by March 31, 2016.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1, Eul evidence No. 1, Eul evidence No. 1, and the facts of the above basic facts as to the ground of claim as to the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff the amount of KRW 70,000,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 15, 2016 to the date of full payment as requested by the plaintiff, which is clear that the original copy of the instant payment order was served to

Judgment on Defendant’s argument

A. The Defendant asserts that the loan certificate of this case, even though the construction cost subcontracted to the Defendant by the Plaintiff according to the design change as of December 9, 2015, increased due to the Plaintiff’s design change, should be revoked by deceiving the Defendant as if there was no concealed and payable construction cost. However, the evidence submitted by the Defendant, including the witness’s testimony, is insufficient to recognize it, and there is no other evidence to acknowledge it.

B. The Defendant asserts that the Plaintiff would not pay the remaining construction cost without preparing the loan certificate of this case, and that the loan certificate of this case should be revoked by duress as a declaration of intent. However, the evidence submitted by the Defendant, including the witness A’s testimony, is insufficient to recognize it, and there is no other evidence to acknowledge it.

C. The defendant is insufficient to prepare the loan certificate of this case with the plaintiff.