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1. The Defendant’s KRW 43,290,907 as well as 5% per annum from October 9, 2014 to October 11, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On January 29, 2013, the Plaintiff entered into a contract with the Defendant who was awarded a contract for the new construction of apartment houses located outside B and five parcels (hereinafter “the instant secondary apartment houses”) and entered into a contract with the Plaintiff on the construction cost of KRW 400,00,00 (including value-added tax) for the construction cost of the said new construction works and the construction period of KRW 400,000 (hereinafter “instant construction works”) and the construction period of February 15, 2013 to June 15, 2013 (hereinafter “instant contract”), and completed the instant construction after executing the instant construction works.
B. On March 21, 2013, the Defendant: (a) completed the registration of ownership transfer as to multi-family housing located in D and one parcel (hereinafter “the instant primary multi-family housing”); (b) paid KRW 129,00,000 to the Plaintiff from March 23, 2013 to April 17, 2014; and (c) under consultation with the Plaintiff, the Defendant directly paid KRW 11,00,000 to E who supplied materials at the Plaintiff’s request on May 18, 2013; and (d) from June 13, 2013 to December 2, 2013, the Plaintiff directly paid KRW 708,00,000 for each of the instant sub-subcontracts on the instant construction site after receiving some of the instant construction works from the Plaintiff at the Plaintiff’s request from the Plaintiff at the instant construction site to December 2, 2013.
【Fact-finding without dispute over the ground for recognition】No. 1, Gap evidence 2-2, Eul evidence 1-1 through 9, Eul evidence 2, Eul evidence 3-2, Eul evidence 3-2, and the purport of the whole testimony and arguments of the witness F
2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the remaining amount of 182,00,000 won (=400,000,000 won - 129,000,000 won - 11,00,0000 won - 78,000,000 won - 78,000,000 won for payment in kind as provided in subparagraph 303 of Article 102 of the first apartment house 102, barring special circumstances.
3. The defendant's assertion.