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1. The Plaintiff’s construction of the 10th floor building of Busan Jung-gu, D, and E-ground reinforced concrete structure to the Defendant.
Reasons
1. Basic facts
A. (1) On September 15, 2010, the Plaintiff entered into a contract with the Defendant through F to newly construct the ten-story building of reinforced concrete structure on the land of Busan Jung-gu, Busan, D, and E (hereinafter “instant building”) at KRW 3,600,000 for construction cost (excluding value-added tax) (hereinafter “instant contract”).
(2) At the time of entering into the said contract, F additionally prepares a contract agreement in which the instant construction cost in question was returned to KRW 4,100,000 (excluding value-added tax) (hereinafter “instant contract”) in addition to the instant contract agreement stating the construction cost in KRW 3,600,000 (excluding value-added tax) between the Defendant and the Defendant at the time of entering into the said contract (hereinafter “instant contract”).
(3) Around December 2011, the Defendant completed the instant building, and the Plaintiff paid KRW 3,408,500,000 in total to the Defendant for construction cost over 19 times from May 6, 2010 to December 22, 2011.
B. (1) On March 30, 2012, the Plaintiff and the Defendant agreed to settle the settlement amount of the instant contract at KRW 958,50,000 (hereinafter “instant settlement agreement”) with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in order to secure the settlement of the construction cost (hereinafter “instant settlement agreement”).
(2) On May 8, 2012, the Defendant filed a lawsuit against the Plaintiff on May 8, 2012 against the Busan District Court 2012Gahap41680 (hereinafter “the prior lawsuit of this case”). On October 4, 2012, the instant lawsuit was brought against the Plaintiff, “the Plaintiff shall implement the procedure for the registration of establishment of a collateral security for each of the instant real estate by the Defendant on March 30, 2012, for the settlement of accounts, the maximum amount of claims 1,246,00,000 won based on the instant settlement agreement, and the procedure for the registration of establishment of a collateral security for the Plaintiff.”