A. On March 30, 2015, the Plaintiff entered into a contract with the Defendant and Busan Seo-gu (hereinafter “instant construction”) on the construction cost of KRW 100 million, May 20, 2015, with respect to the construction work for remodeling and extension of the 2nd floor building located in Seo-gu, Busan (hereinafter “instant construction work”). As a special agreement, the Plaintiff entered into a contract with the Plaintiff, setting the specific scope of construction work, the class of construction materials, and

B. The written contract for the instant construction works states “payment of advance payment,” and a receipt for the full amount of KRW 100 million was prepared as of March 31, 2015. On March 31, 2015, the Plaintiff’s wife’s account was deposited in KRW 50 million from the Defendant. After the withdrawal of KRW 50 million, KRW 50 million was deposited in the Defendant again, and KRW 20 million was deposited in the Defendant.

C. On July 13, 2015, the Plaintiff, while continuing the instant construction project, suspended construction due to the Defendant’s failure to pay the construction price. On the ground that the terms and conditions of the instant construction project were to receive bank loans and pay the construction price. However, the Plaintiff notified the Defendant that the contract was null and void on the ground that the bank loan was not made and the bank loan was drafted with a false contract for the full payment of the construction price.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 9, 14, 27, the purport of the whole pleadings

2. The parties' assertion

A. The contract document for the instant construction project stating that the construction cost has been paid in full, and the receipt for the total construction cost of KRW 100 million was made at the Defendant’s request that it is necessary to obtain bank loans. In fact, only KRW 30 million was paid as the construction cost.

The construction cost incurred in the part of the construction that was completed according to the appraisal of the completed construction of the instant construction work is KRW 57,622,134, and the construction cost is KRW 7.5 million for the first floor parking lot excluded from appraisal, and the unpaid construction cost is KRW 35,122,134, if deducted from the already paid KRW 30 million.

The Defendant contracted to the Plaintiff.