1. The Defendant shall pay to the Plaintiff KRW 220,00,000 and the interest rate of KRW 15% per annum from December 23, 2015 to the date of full payment.

1. Facts of recognition;

A. On February 10, 2012, the Plaintiff and the Defendant entered into a contract for construction works with the content that the Plaintiff would occupy the instant building until the time when the Defendant would sell a new building (hereinafter referred to as the “instant building”) and sell the new building (hereinafter referred to as the “instant building”). As to the construction works that newly build a second-class house on the ground of Pyeongtaek-si C (hereinafter referred to as the “instant construction works”), the construction price shall be KRW 20,000,000, and the construction period shall be determined from February 20, 2012 to May 30, 2012.

B. The Plaintiff completed the instant construction, and on June 12, 2012, the registration of ownership preservation in the name of the Defendant was completed.

C. An open credit cooperative, the Defendant’s creditor, applied for voluntary auction of the instant building to Suwon District Court D, and the said court rendered a decision to commence auction on October 2, 2014.

E In January 29, 2015, the building of this case was sold at the above auction procedure and completed the registration of ownership transfer on the same day.

[Ground of recognition] The entry of Gap evidence Nos. 1, 2, 3, and 4 (including additional number), and the purport of the whole pleading

2. According to the above facts of determination, the defendant is deemed to have come to the due date when the parties to the contract set the due date for the payment of the construction price of KRW 220,00,000 and the obligation for the payment of the construction price for the plaintiff [in cases where the parties to the contract set the due date for the payment of the obligation, when such fact occurs, and when such fact becomes impossible (see, e.g., Supreme Court Decision 2003Da2383, Jan. 27, 2004). Since it is impossible for the defendant to sell the building of this case due to the sale of the building of this case and the acquisition of ownership of the building of this case, it shall be deemed that the plaintiff's obligation for the payment of the construction price against the defendant has arrived at around January 29, 2015, which is clearly recorded as the delivery date of a copy of the complaint of this case as requested by the plaintiff.