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1. The Defendant’s KRW 31,00,000 as well as the Plaintiff’s annual rate of KRW 15% from January 22, 2019 to May 31, 2019, and the following.
Reasons
1. Facts of recognition;
A. The plaintiff is a person operating a personal business entity called "C", and the defendant is a representative director of Non-Party D (hereinafter "D").
B. On February 7, 2017, the Plaintiff changed the construction contract for the instant construction contract with D, “Scheon-si E and F ground construction work (hereinafter “instant construction contract”). C. Although the Plaintiff completed the installation work of ducts in accordance with the instant construction contract, it did not receive the construction payment from D. The Plaintiff, who was the representative director D, paid the Plaintiff by May 31, 201, the total amount of KRW 86,80,000 under the instant construction contract to the Plaintiff by May 31, 2017.
d. The Plaintiff prepared a notarial deed stating that D or G did not pay the construction cost to the Plaintiff, and during that period, D’s representative director changed from G to the Defendant. On September 5, 2017, the Plaintiff: (a) signed a notarial deed stating that D and D shall pay the Plaintiff the loan amount of KRW 86,80,000 by October 10, 2017. E. The Plaintiff was not paid the said money by October 10, 2017; (b) the Defendant, instead of paying the said money to the Plaintiff, transferred the ownership of the real estate J-ho Building (hereinafter “real estate 1”) and the real estate of the same building K (hereinafter “real estate 2”) to the Plaintiff as the sale price for each of the instant real estate to the effect that the Plaintiff and the Defendant agreed to transfer the ownership of each of the instant real estate to the Plaintiff as the sale price for each of the instant real estate as KRW 100,000,000.
F. Meanwhile, in respect of each of the instant real property, LAD voluntarily auction.