1. The Defendant shall pay to the Plaintiff KRW 46,803,813 and the interest rate of KRW 10% per annum from January 25, 2017 to the day of complete payment.

1. Basic facts

A. On January 25, 1995, the Plaintiff was incorporated for the purpose of construction waste disposal, collection, and transportation business, and disposed of construction waste under the above contract from around 2007 to 2012 after concluding a contract with E (hereinafter “E”).

B. On November 5, 2013, the Defendant, the representative director of E, prepared and held a “certificate of payment of the outdoor amount” (hereinafter referred to as the “certificate of payment of the instant construction waste”) with the content that the Plaintiff shall pay KRW 46,803,813 (10% per annum) as the price for the disposal of the said construction waste.

(The name of the defendant was stated in the column of joint and several sureties on the letter of undertaking, and all the defendant's unmanned seal was affixed in the column of the guarantor and joint and several sureties.

On April 25, 2014, the Plaintiff sent to the Defendant a certificate of content that “to preserve the claims under the instant undertaking through provisional seizure against immovables, and may withdraw the application for provisional seizure after the completion of payment for the claims.”

Around that time, the Plaintiff filed an application for provisional attachment of F.O. 2,865 square meters (hereinafter “instant real estate”) with respect to the construction waste disposal amounting to KRW 46,803,813 in the claim amount, the ownership transfer registration of which was completed under the Defendant’s name, and the provisional attachment registration was completed on April 28, 2014 in accordance with the Jeju District Court Order 2014Kadan683, Jeju District Court Order 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 10% per annum from January 25, 2017 to the day of full payment, which is the day following the day when the original copy of the instant payment order was served to the Defendant, as sought by the Plaintiff, in the absence of special circumstances.

B. Judgment on the Defendant’s assertion 1.