1. The defendant shall pay 80,000,000 won to the plaintiff and 20% per annum from December 1, 2012 to the day of full payment.

1. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the defendant is obligated to pay the plaintiff 94,000,000 won on May 19, 2005 with the agreed to pay the plaintiff 94,000,000 won (hereinafter "the agreement of this case"), and to pay the plaintiff 14,000,000 won from the defendant. Thus, the defendant is obligated to pay the plaintiff 80,000 won and damages for delay at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day following the delivery date of a copy of the complaint of this case to the day of full payment.

2. As to the judgment on the defendant's defense, the defendant, knowing that there was construction cost paid on behalf of the defendant, concluded the contract in this case on the condition that the plaintiff later settled the construction cost in order to be withdrawn from the complaint, and there is no amount paid on behalf of the plaintiff, and therefore, the contract in this case raises a defense to the effect

The testimony of the witness C alone is insufficient to recognize that the agreement of this case was reached on the condition that the Plaintiff later settled the construction price in order to receive the payment of the construction price paid by the Plaintiff on behalf of the Defendant, and there is no other evidence to acknowledge it. Therefore, the above defense of the Defendant is without merit without further review.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.