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1. The Defendant’s KRW 50,000,000 as well as the Plaintiff’s KRW 20% per annum from January 24, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. New Housing Construction Co., Ltd. (hereinafter “New Housing Construction”) and D Co., Ltd. (hereinafter “D”) for which the Defendant was the representative director is the representative director, as of November 30, 2006, D’s counter H, I, J, K, K, F, M, N,O, P, etc. of the nine parcels outside the F in Changwon City.
On the ground, apartment construction is newly constructed, and the construction cost is KRW 5.26 billion (including value-added tax) G new apartment construction contract (hereinafter referred to as the "instant contract"), and apartment constructed under the said contract was concluded.
B. While the agreement D on the adjustment and implementation of the lawsuit for claim for construction cost is underway, the new housing construction and D agreed to change the new housing construction into the new housing construction around September 20, 2007, and thereafter the Corporation directly implemented the new housing construction.
Since then, D filed a lawsuit against New Housing Construction as Changwon District Court 2008Gahap2791, which sought payment of construction cost, etc., and on October 22, 2009, in the lawsuit above, D confirmed construction cost of KRW 1.6 billion directly executed after September 20, 2007, among total construction cost of KRW 5.26 billion, which was the total construction cost of KRW 5.2 billion, and new housing construction is paid to D in cash, and the amount of KRW 6.66 billion paid to D, which was settled in cash, shall be adjusted (hereinafter “instant mediation”).
D and New Housing Construction and L&C Co., Ltd., around March 11, 2010, completed a trust agreement with respect to specific methods of payment to implement the instant adjustment, and authenticated it, and the Plaintiff participated as a management member supervising the implementation of the said agreement.
C. The Plaintiff and the Defendant agreed on this case between the Plaintiff and the Defendant, which were paid to C on February 27, 2013, KRW 50 million.