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1. The Defendant’s KRW 20,000,000 as well as its annual 6% from August 31, 2014 to September 15, 2017 to the Plaintiff.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings as a whole in the entries in Gap evidence Nos. 1, 2, 5, 10-1, 2, and 11.
On August 2012, the Plaintiff entered into a construction project with C Co., Ltd. (hereinafter referred to as “C”) and completed the construction project, among the new construction works of an aggregate building of 1,035 square meters on land (hereinafter referred to as “the instant aggregate building”) in Asia-si, with the cost of construction KRW 28 million.
After that, on January 31, 2013, the Plaintiff received KRW 5 million as the construction price from C.
B. On August 14, 2013, the Defendant, the representative director of C, completed the registration of ownership transfer with respect to the five storys 504 (hereinafter “instant partitioned building”) among the instant condominiums. On August 29, 2013, the lease agreement (Evidence 1; hereinafter “instant lease agreement”) entered into between the Plaintiff and the Defendant with respect to the instant partitioned building with the deposit amount of KRW 23 million was entered into between the Plaintiff and the Defendant.
The special terms and conditions of the instant lease agreement stipulate that the said contract is a contract for checking the unpaid construction cost.
C. On September 12, 2013, the Plaintiff received KRW 3 million as the construction cost from C, and on July 28, 2014, drafted a letter of intent that C shall pay the Plaintiff the remainder of the construction cost of KRW 20 million by August 30, 2014.
2. The parties' assertion
A. The Plaintiff’s former E, who received the Defendant’s motion, entered into the instant lease agreement between the Plaintiff, which means that the Defendant guarantees the Defendant’s obligation to pay the construction price to the Plaintiff.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 20 million after deducting the Plaintiff’s paid KRW 3 million from the construction remainder amount of KRW 23 million at the time of the preparation of the above lease agreement, and to pay damages for delay from August 31, 2014.
(b).