1. As to Defendant B and D’s joint and several liability for KRW 30,000,000 to the Plaintiff and Defendant B, from July 2, 2014.

1. Determination as to the claim against Defendant B and D

A. The Plaintiff, around November 2013, ordered Defendant B to undertake a new construction project on the land E (hereinafter “instant construction project”) on the land of Hadong-gun, Chungcheongnam-dong (hereinafter “instant construction project”), setting the construction period of 60 days from the date of the contract, and the construction cost of 150 million won as the construction cost.

Accordingly, the Plaintiff, from November 27, 2014 to January 28, 2014, remitted approximately KRW 84 million in total to Defendant D’s account under the name of Defendant D as advance payment for the said construction cost.

However, Defendant B discontinued the construction without completing the instant construction work upon the lapse of the construction period.

The plaintiff's excessive advance payments amount to KRW 30 million.

The plaintiff, as a service of the complaint, terminated the above construction contract.

[Grounds for Recognition] The deemed confession under Article 150 of the Civil Procedure Act

B. According to the above facts of recognition, Defendant B and D shall jointly and severally pay to the Plaintiff advance payment of KRW 30 million and damages for delay calculated by the rate of 20% per annum from July 2, 2014 with respect to Defendant B, which is the day following the delivery date of this complaint, and from June 14, 2014 to the day of full payment with respect to Defendant D, the damages for delay calculated at the rate of 20% per annum from June 14, 2014 to the day of full payment.

(In favor of the Plaintiff’s assertion as above). 2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion in collusion with the Defendant B that the Plaintiff is the Defendant B’s housing construction business operator, etc., and that part of the contract concluded with the Plaintiff on the construction work with the Defendant B and made the Plaintiff pay an excessive amount of KRW 30 million in advance, thereby defrauding the Plaintiff.

Therefore, Defendant C and Defendant C should jointly and severally compensate for the damages incurred by the tort and the damages incurred by delay.

B. The Plaintiff’s written evidence Nos. 3 through 6 alone is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it.

The plaintiff's above assertion is without merit.

3...