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1. The Defendant’s KRW 77,453,275 as well as 6% per annum from November 19, 2013 to June 12, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 4, 2012, 2012, the debtor, Ab&P Development Co., Ltd. (hereinafter referred to as the “Bankruptcy debtor”) was declared bankrupt on September 14, 2012, the Plaintiff was appointed as the bankruptcy trustee of the Bankruptcy Company on the same day.
B. On October 18, 2010, the bankruptcy debtor completed the construction by entering into a subcontract with the Plaintiff at the cost of construction from October 18, 201 to February 28, 201, and the contract price of KRW 572,00,000 (including value-added tax).
From November 25, 2010 to May 25, 2011, the Defendant paid KRW 543,900,425 as construction cost to the debtor in bankruptcy.
C. On November 21, 201, the bankruptcy debtor completed the construction by subcontracting the construction from the Plaintiff to the construction period from November 21, 2011 to February 29, 2012 (including value-added tax), the contract price of KRW 149,600,000 (including value-added tax), and performed the additional construction work equivalent to KRW 17,932,200, such as the construction of stone table, 17,932,200, such as the construction of stone table, at the Defendant’s direction, around March 2012, when the construction is underway.
From May 11, 2012 to July 31, 2012, the Defendant paid the bankrupt debtor KRW 83,697,096 as construction expenses. On August 27, 2013, the Seoul East Eastern District Court deposited KRW 28,277,314 as Seoul Dong District Court KRW 3353 on August 27, 2013 by treating the Plaintiff or D, and the creditor’s seizure right holder as the beneficiary E, and the Plaintiff received the deposit money.
The defendant spent 1,314,00 won as the defective construction cost related to the racing construction, and paid 2,060,790 won as the employment insurance premium in lieu of the bankruptcy debtor.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 3, 4, 10, 11, and 12 (including branch numbers), and the purport of the whole pleadings.