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1. The Defendant shall pay to the Plaintiff KRW 121,00,000 and the interest rate of KRW 15% per annum from December 3, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On September 14, 2014, the Plaintiff transferred KRW 40,000,00 from the interior of C Building (the actual manager of D appears to be E, who is the husband of D; hereinafter referred to as “C”), and around that time, started construction of retaining walls on one parcel, not less than 1,647m2, and on one parcel, the Defendant-owned, the Seoul-gun, Seoul-gun, Seoul-do, and the construction of retaining walls (hereinafter referred to as “instant construction”).
B. The Plaintiff completed the instant construction on October 20, 2014, and received KRW 29,000,000 from E on January 7, 2015.
[Ground for recognition] A, evidence Nos. 1 and 2, and evidence Nos. 3-2 and 4 (the document No. 3-2 (the document No. 3-2) on May 4, 2016, and evidence No. 4 (the document No. 3-2 (the document No. 3-2) on each of the second date for pleading No. 4, 2016) are disputed as “site.” However, a private document may be used as evidence only when the authenticity is proven, but there is no special restriction on the method of proof, and even when the document No. 3-2 (the document No. 4, No. 12070, Apr. 13, 1993) is not based on other evidence, the court may recognize its establishment by taking into account the overall purport of pleading, and in light of the overall purport of pleading No. 5 or video No. 12070, Apr. 13, 1993).
2. Assertion and determination
A. The Plaintiff’s assertion 1) In order to secure the payment of the instant construction cost, the Plaintiff demanded the Defendant, the owner of the instant construction contract, to conclude a construction contract, and E, according to the Defendant’s delegation, shall enter into the instant construction contract with the Plaintiff (No. 3-1, hereinafter “instant construction contract”).
(2) The Defendant is obligated to pay the remainder of KRW 121,00,000 as well as damages for delay, since the Defendant paid KRW 69,00,000 to the Plaintiff out of the price under the instant construction contract.