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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. From March 11, 2013 to March 12, 2013, the Plaintiff completed the said construction work by being awarded a contract with the Defendant for KRW 37,01,650 for the mobile construction and non-Dong building construction work, KRW 42,96,30 for the construction cost, KRW 42,96,30 for the non-Dong construction cost, additional partitions, and KRW 11,012,360 for the construction cost, and KRW 90,90,310 for the construction cost (hereinafter “instant construction cost”).
B. In addition, the Plaintiff lent to the Defendant the sum of KRW 65,900,000,000 on March 28, 2013, KRW 5,000,000 on April 3, 2013, KRW 10,000 on April 24, 2013, KRW 90,000 on May 4, 2013, KRW 20,000 on May 24, 2013, KRW 20,000 on May 24, 2013, and KRW 10,000 on July 31, 2013 (hereinafter “instant loan”).
Temporary amount of KRW 15,00,000 on April 2, 2013, 201; KRW 1,000,000 on April 11, 2013; KRW 15,00,000 on May 21, 2013; and KRW 25,000,000 on May 23, 2013; KRW 10,000 on June 10, 2013; KRW 10,00 on June 20, 2013; KRW 10,000 on June 20, 2013; KRW 10,00 on July 20, 200; KRW 10 on July 26, 200,00; KRW 10,00 on September 13, 2013; and KRW 10,00 on June 10, 2013; and
C. The Defendant repaid the Plaintiff KRW 43,700,000 among the above construction cost, and paid the Plaintiff money as a repayment for the above loan (hereinafter “instant payment”). The entire payment, including the payment in the name of the payment for the construction cost, is as follows.
[Ground of recognition] The facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including each number), and Eul evidence 1 (including each number), the result of this court's order to submit financial information transaction to the Nonghyup Bank, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the remainder of the construction price of KRW 47,290,310 (i.e., KRW 90,90, KRW 310 - KRW 43,700,00) and damages for delay calculated at the rate of 20% per annum from December 12, 2013 to the date of complete payment, which is the day following the delivery of a copy of the complaint of this case.
3. Judgment on the defendant's assertion
A. The defendant's assertion.