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1. The defendant shall be the plaintiff.
(a)payment of KRW 157,521;
B. From May 31, 2018 to December 31, 2021, 750.
Reasons
1. Basic facts
A. On September 2015, the Defendant: (a) newly constructed a single-story building of a size of 67.2 square meters on the land in Gangseo-si C large 317 square meters (the above building was leased after completion and used as D store; hereinafter “D”) on the land; (b) remodeled the inside of the second floor of E adjacent to the above land; and (c) ordered construction of a new building between the new building in C’s ground and the building in E’s second floor after the said construction (hereinafter “the instant construction”).
At the time, the Plaintiff and the Defendant received advance payment of KRW 30 million among the construction cost from the Defendant, and they raised KRW 30 million.
In addition, upon completion of the construction work, the Defendant paid the remainder of construction cost of KRW 54 million to the Plaintiff in consideration of all interest, other expenses, profits, etc. on KRW 30 million raised by the Plaintiff.
B. On November 2015, the Plaintiff completed the instant construction, and the usage inspection on D building was completed.
C. Around December 22, 2015, the Defendant prepared and delivered to the Plaintiff an agreement stating that “I will pay the Plaintiff the construction cost and personnel expenses for 752,000 won each month to the Defendant for 72 months.”
(hereinafter “instant agreement”). D.
Since January 5, 2016, the Defendant paid 650,000 won to the Plaintiff, and 650,000 won to the Plaintiff on February 5, 2016.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), 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 Plaintiff the remainder of KRW 50,000,000,000,000, which is calculated by subtracting the Plaintiff’s payment from the remainder of the construction cost of KRW 54,000,000,000, to the Plaintiff, barring special circumstances.
3. Judgment on the defendant's assertion
A. The summary of the Defendant’s assertion 1 is the Plaintiff’s KRW 30 million as agreed upon.