1. The Defendant: (a) KRW 406,739,726 to the Plaintiff, as well as KRW 15% per annum from June 20, 2017 to May 31, 2019; and (b)

Facts of recognition

On March 30, 2017, the Plaintiff received a payment order (Seoul Eastern District Court 2017Da5503, Seoul Eastern District Court 2017Da5503, Mar. 28, 2017) against C seeking payment of KRW 400,00,000 as agreed amount, delay damages, and expenses for demanding payment of KRW 193,30,300, and the said payment order was finalized on March 28, 2017.

On October 12, 2012, the Defendant ordered C to remove existing buildings on the land in Songpa-gu Seoul Metropolitan Government and newly construct neighborhood living facilities and multi-household houses [the first floor, the second floor, the neighborhood living facilities (office rooms), the third to fifth floor, and the 6th floor 2nd floor hereinafter “instant building”). (hereinafter “instant construction”).

At the time of entering into the instant construction contract, the Defendant and C decided to set the construction cost at KRW 3.3 million per deliberation, but the specific construction cost becomes final and conclusive in the future.

C Upon completion of the instant construction project and obtaining approval for use of the instant building on March 6, 2014, the actual construction area was about 1163 square meters (around 352 square meters).

C In calculating the construction cost of the instant case, upon the Defendant’s request, determined the construction area by excluding part of the underground construction area, and accordingly, agreed with the Defendant as KRW 1,00,428,00 (i.e., the construction area x KRW 3., KRW 16 million).

On April 27, 2017, the Plaintiff was issued a claim attachment and assignment order (hereinafter “instant assignment order”) regarding KRW 406,739,726 of the instant construction price against C based on the above payment order against the Defendant on April 27, 2017. This was served on the Defendant on May 2, 2017, and on May 19, 2017, and became final and conclusive around that time.

[Grounds for recognition] Fact-finding, Gap's evidence Nos. 1-3 and 16 (including the provisional number), and the court below's determination as to the ground for claim as a whole of the pleadings, the defendant, at the time of the assignment order of this case, shall pay to the plaintiff KRW 581,534,284, which is the claim for the construction price of this case at the time of the assignment order of this case = KRW 1,000,428,000, - Defendant's payment of KRW 418,893,71