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1. The Defendant’s KRW 32,546,825 as well as the Plaintiff’s annual rate of 5% from November 17, 2014 to September 19, 2018, and the following.
Reasons
1. Basic facts
A. On May 2012, the Plaintiff and the Defendant concluded a contract for the construction of hanok-gun C on the ground of the Hannam-do, New Airport (hereinafter “instant construction”) and set the construction cost at KRW 4,200,000 on a monthly basis while entering into a contract for the construction of hanok-gun C at approximately 30 square meters (hereinafter “instant construction”). Ultimately, the construction cost of the extended portion was set at KRW 2,50,000 on a yearly basis while engaging in the extension of KRW 2.5 square meters.
(hereinafter “instant contract”). (b)
1) The Defendant paid 96,00,000 won to the Plaintiff out of the construction cost until June 14, 2013, and the Plaintiff suspended construction work since July 2013 when requesting the payment of the remainder of the construction cost, and the Defendant paid 17,000,000 won to the Plaintiff on July 26, 2013 and requested the resumption of construction work. However, the Plaintiff did not resume construction work thereafter. 2) On July 20, 2014, D, the Plaintiff’s spouse, was the Defendant’s wife E (F’s spouse), “D borrowed 30,000,000 won from E and completed the completion inspection of construction of Han-style’s newly constructed construction in G interest, and the Plaintiff agreed to borrow on December 31, 2014.”
E received the above loan certificate and paid KRW 30,300,000 to the defendant through F.
3) The Defendant brought about approximately KRW 34,00,00,00, including the above money received from E, and completed construction by proceeding the remainder of the instant construction, and completed construction around November 16, 2014 (hereinafter “the instant hanok”).
(4) On the other hand, E filed a lawsuit against D claiming the payment of a loan stated in the above loan certificate, and rendered a judgment on April 13, 2018 that “D shall pay E the amount of KRW 30,000,000 and the delay damages therefor” (Seoul District Court Decision 2017Na56086), and the above judgment was dismissed and finalized August 2, 2018.