1. The Defendant shall pay KRW 53,680,00 to the Plaintiff the annual rate of KRW 15% from December 8, 2015 to the date of complete payment.

1. Basic facts

A. On June 10, 2015, A Co., Ltd. (hereinafter referred to as “A”) drafted an order to place the F Corporation (hereinafter referred to as “instant construction”) an order to the Defendant for construction cost of KRW 154,000,000 (including value-added tax) and sent it to the Defendant on July 20, 2015. After signing the order, the Defendant sent it to A on July 22, 2015.

B. On June 17, 2015, A drafted a construction contract agreement between the Defendant and the Defendant that the Defendant will contract the Defendant for the construction cost of KRW 1.562 billion.

C. On June 30, 2015, the Defendant issued an electronic tax invoice with the construction cost of KRW 187 million in KRW 100,000,000, and issued again an electronic tax invoice with the construction cost of KRW 150,000 on the same day after cancelling the issuance of the said tax invoice.

A on June 30, 2015, paid KRW 55 million to the Defendant under the pretext of advance payment for the instant construction project.

E. On August 4, 2015, the Defendant prepared and issued A a written waiver of construction works to the effect that the contract is waived.

A paid KRW 154 million to the Defendant on the same day as the contract price of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, 6, 7 (including each number if there is a tentative number; hereinafter the same shall apply), Eul evidence Nos. 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion A, on June 30, 2015, remitted KRW 55 million to the Defendant under the pretext of advance payment of the instant construction project, but, on August 4, 2015, remitted the instant construction cost to the Defendant on August 4, 2015, without deducting the said advance payment due to mistake, remitted KRW 154 million for the total construction cost.

If so, A paid in excess of KRW 55 million to the Defendant as the title of the instant construction cost. As such, the Defendant paid in excess of KRW 55 million to the Plaintiff, which is a party to the lawsuit of A, the amount of excess payment, calculated by deducting KRW 1.32 million from the amount of excess payment, the remaining KRW 55 million, and delay damages.