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1. Defendant B shall pay to the Plaintiff KRW 96,844,00 and the interest rate of KRW 15% per annum from June 14, 2016 to the date of full payment.
Reasons
1. Around May 2014, the Plaintiff entered into a contract with Defendant B on the instant construction work for the high-quality farmland creation work (hereinafter “instant construction work”). Defendant B paid KRW 10,000,000 as the construction cost.
Of the above amounts, 80,000,000 won was deposited into the account of Defendant C, the wife of Defendant B.
The construction of this case began and was suspended from 2 to 3 days after the commencement of the construction of this case, and the amount invested at the construction site of this case is KRW 13,156,000.
[Reasons for Recognition] Unsatisfy, Gap's evidence 1 to 4 and Eul's evidence 1, 2 and 3, appraiser E's appraisal result, the purport of the whole pleadings
2. Determination as to the plaintiff's claim against the defendant B
A. According to the judgment on the cause of the claim, the contract of this case was rescinded due to the reasons attributable to Defendant B (the Defendant B claimed that the contract of this case was interrupted due to the occurrence of a civil petition filed by nearby residents, and there was no reason attributable to himself, but to accept the contract of this case. However, there is no other evidence to acknowledge the contract.) The Defendant applied for appraisal of the costs incurred by the Plaintiff in consideration of the fact that the contract of this case was interrupted by 2-30,000,000 won, which was paid by the Plaintiff, and the construction cost of this case, which was included in the construction cost of 13,156,000 won, was rescinded, barring special circumstances, and the remuneration to be paid by the contractor is not based on the cost actually paid by the contractor. However, the Plaintiff applied for appraisal of the costs incurred by the Plaintiff in consideration of the fact that the construction was interrupted by 2-13,000 days to 30,000 won, and the Defendant also did not raise any special objection to this.