1. The defendant is 5% per annum from November 3, 2020 to February 18, 2021 to KRW 36,322,282 to the plaintiff.

1. The parties' assertion

A. On June 2017, the Plaintiff: (a) contracted a new construction of a housing unit with a total of KRW 300 million (hereinafter “instant housing unit”); and (b) suspended C construction; and (c) the construction price paid in advance to C’s sewage workers, the contract price was set at KRW 100 million for the remaining construction of the instant new housing unit to the Defendant.

2) However, the Plaintiff, from December 11, 2017 to March 14, 2019, paid a total of KRW 157,522,282 as stated in the attached Form as the construction price to the Defendant. As such, the Defendant has the obligation to return KRW 57,522,282 to the Plaintiff for unjust gains.

3) Moreover, separate from the construction cost, the Defendant borrowed KRW 28,800,000 in total from the Plaintiff from April 10, 2018 to June 3, 2018, as shown in the separate sheet, and thus, the Defendant is obligated to pay the Plaintiff KRW 86,322,282 (= KRW 57,522,282,80,000).

B. Defendant 1) did not conclude a contract for construction with the Plaintiff by setting the contract amount as KRW 100 million.

The defendant received KRW 150 million from the plaintiff and received KRW 60 million from C to receive KRW 60 million, and paid the remainder to the plaintiff with a loan of KRW 28.8 million as claimed by the plaintiff.

2) The loan amount of KRW 28.8 million asserted by the Plaintiff is also an additional construction cost for the remaining construction work of the instant house and is not an individual loan.

2. Determination

A. 1) In full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 5 and 9, the Plaintiff may recognize the fact that the Plaintiff paid the Defendant a sum of KRW 157,522,282 as stated in the attached Form, as the construction cost, from December 11, 2017 to March 14, 2019.

2) The Plaintiff asserted that the contract amount entered into with the Defendant is KRW 100 million, but there is no evidence to acknowledge it.