1. The Defendant shall pay to the Plaintiff KRW 73,245,032 and the interest rate of KRW 15% per annum from January 5, 2018 to the date of complete payment.

1. Basic facts

A. On March 23, 2017, the Plaintiff filed a lawsuit against the Incheon District Court Decision 2016Kadan58392 (hereinafter “C”), and sentenced that “C shall pay to the Plaintiff the amount of KRW 87,520,000 and the interest rate of KRW 15% per annum from December 17, 2016 to the date of full payment,” and at that time, the Plaintiff is a person who has a monetary claim against C pursuant to a final and conclusive judgment as it becomes final and conclusive.

Since then, the Plaintiff received KRW 20 million from C as principal repayment, in total, KRW 10 million on August 4, 2017 and KRW 20 million on September 28, 2017.

B. On May 15, 2017, the Plaintiff: (a) made the said final and conclusive judgment as executive title; (b) filed a claim amounting to KRW 93,245,032, from KRW 2017 to KRW 2371 to KRW 93,2471; and (c) received a decision of Seocho-gu Seoul Metropolitan Government D D D D Construction Corporation (hereinafter “instant construction”); and (d) received a seizure and collection order for the amount of claims out of the remaining construction cost claims based on the Seocho-gu Seoul Metropolitan Government D D Construction Corporation (hereinafter “instant construction”); and (e) the said decision was served on the Defendant around May 18, 2017.

[Reasons for Recognition] Facts that there is no dispute between the parties or do not clearly dispute between them, Gap 1, 3-5 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s claim for the payment of the construction cost against the Defendant remains at least 390 million won. Since the construction cost that the Defendant paid to C after the Defendant rendered a decision on the collection order of this case cannot be asserted against the Plaintiff against the effect of prohibition of payment, the Defendant is obligated to pay the Plaintiff KRW 73,245,032 and the delay damages therefrom based on the collection order of this case. (2) Defendant paid the Plaintiff the sum of KRW 2,265,120,000 as the construction cost of this case until November 7, 2017, while the Defendant paid KRW 2,265,120,00 to C as the sum of the construction cost of this case until November 7, 2017, the final high rate calculated after the Defendant’s completion of the construction site of this case is 61.66%, and the construction amount thereafter does not exceed KRW