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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. According to the purport of the evidence Nos. 1 and 3 of the judgment as to the cause of the claim and the whole pleadings, the Plaintiff is obligated to pay to the Plaintiff KRW 5 million (=10 million-2 million-2 million-2.5 million-2.5 million-2 million) and delay damages on the ground that the Plaintiff received payment from the Defendant on April 27, 201, and the Plaintiff received payment from the Defendant on May 18, 2011. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 55 million (i.e., KRW 10 million-2 million) and delay damages.
2. As to the judgment on the Defendant’s assertion, the Defendant was a technical director of the apartment management office that ordered the improvement and repair of the apartment sports facilities for D apartment residents, and the Defendant was the field supervisor of E, but the Plaintiff demanded the Defendant to contract the said construction, and the Defendant paid the contract deposit of KRW 10 million to the Plaintiff. After the completion of the said construction, the Plaintiff returned KRW 10 million to the Defendant via C on January 8, 201, and the Defendant did not have any obligation to comply with the said claim.
However, the evidence produced by the defendant alone is insufficient to prove the above argument of the defendant, and there is no other evidence to prove it.
3. Thus, the defendant is obligated to pay to the plaintiff 5,500,000 won and 5% interest per annum under the Civil Act from July 19, 2011 to February 7, 2014, which is the day following the due date for payment, and 20% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.