1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment thereof from April 11, 2015 to January 12, 2017.

Basic Facts

A. Nonparty D Co., Ltd. is an enterprise that performed supply and installation works of telecommunications (hereinafter “instant telecommunications construction”) among the new apartment construction works located in Gyeongnam Changwon G from the Si Corporation E (FF Co., Ltd.; hereinafter “Co., Ltd.”) and the Plaintiff is one of the subcontractors who were awarded a subcontract for the said telecommunications construction works from D around July 2013.

B. D discontinued the instant telecommunications construction due to dishonor around May 2014, and the Defendant concluded the remainder of the construction after being awarded a contract with E on June 2014.

[Ground of recognition] Facts without dispute, assertion of the purport of the entire pleadings, and assertion by the parties to judgment, the plaintiff alleged that the defendant promised to pay KRW 30 million for the part of the plaintiff's previous construction in the course of the follow-up construction by taking over the telecommunications construction site of this case, and sought payment of KRW 20 million among them.

The defendant asserts that while disputing this, the 10 million won that he paid to the plaintiff should be returned because he did not have the obligation to pay it.

Comprehensively taking account of the following facts and circumstances acknowledged by comprehensively taking account of Gap evidence Nos. 1 through 16, Eul evidence Nos. 1 (including additional evidence) and Eul evidence Nos. 1, witness H’s testimony, and the purport of the entire pleadings as to the claim against the plaintiff, the defendant is acknowledged to have agreed to pay to the plaintiff KRW 30 million within the month from the date of acquisition of the construction site of the plaintiff in relation to the plaintiff’s previous construction part on June 2014.

Since June 2014, the Defendant was awarded a contract for the remaining construction works from among the instant telecommunications construction works as a follow-up business entity following D following D, and the contract amount equivalent to approximately 40 to 50% of the existing construction works is settled or agreed upon to the subcontractor for smooth on-site takeover and subsequent construction works.