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1. The Defendant shall pay to the Plaintiff KRW 36,037,250 and the interest rate of KRW 15% per annum from November 9, 2018 to the day of complete payment.
Reasons
1. On March 2018, the Plaintiff and the Defendant drafted a written agreement with the following contents:
(Evidence 1) CD B A E A E
2. The plaintiff completed the construction and construction, and the defendant is obligated to pay 49,605,00 won (27,165,000 won) to the plaintiff according to the above agreement (17,567,750 won). Since the defendant paid 13,567,750 won to the plaintiff, the defendant has to pay 36,037,250 won (i.e., 49,605,600-13,567,750 won) and its delay damages.
3. There is no dispute between the parties as to the fact that the building subject to the above agreement has completed construction and completed construction (as of May 10, 2018), and that the Defendant paid KRW 13,567,750 to the Plaintiff after the formation of the above agreement.
4. As to the Plaintiff’s assertion under paragraph (2), the Defendant asserts that the above agreement is null and void (or void) on the ground that the Defendant’s initial payment of KRW 15,500,000, out of the amount stated in the above agreement, was made to Nonparty E, the first executory company, and that the amount of civil engineering expenses and subsidies was not the money that the Plaintiff had to file a claim against the Plaintiff, despite the fact that the date of completion was delayed on March 2018, the Defendant’s coerciond the Defendant by threatening the Defendant by taking advantage of the gaps in an unstable and imminent situation.
5. In general, in a case where the authenticity of a disposal document is recognized, the existence of a juristic act in its content must be recognized unless there are any special circumstances that make it clear and acceptable to deny the existence of an expression of intent expressed in the document and its content. Barring special circumstances, denying the probative value of the disposal document is not allowed (see, e.g., Supreme Court Decisions 89Meu16505, Mar. 23, 1990; 89Meu10484, Nov. 10, 1989). In addition, a disposal document is recognized as its authenticity.