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1. The Defendant’s KRW 54,598,315 as well as the Plaintiff’s KRW 6% per annum from October 16, 2015 to December 8, 2016.
Reasons
1. Determination on the cause of the claim
A. (1) On August 12, 2014, the Plaintiff entered into a subcontract with the Defendant to conclude a contract with the effect that the Defendant would accept a subcontract by setting the period from August 12, 2014 to November 30, 2014 (including value-added tax) for the title, metal, and glass construction (hereinafter “instant title construction”) among the new construction works for urban residential housing and neighborhood living facilities in Busan Dong-gu (hereinafter “instant construction works”).
(2) On August 19, 2014, the Plaintiff entered into a first modified contract with the Defendant to change the construction cost into a PVC head to a alVC head, upon the Defendant’s request that the instant heading construction does not meet the standards under the Fire Services Act, and entered into the said first modified contract with the Defendant on August 19, 2014, changing the payment method into a cash payment of KRW 205,00,000 and a payment method of KRW 18,000,000
(3) On February 13, 2015, the Plaintiff and the Defendant completed the instant title construction work, and paid the construction cost of KRW 205,00,000 between the Defendant and the period of construction, from August 12, 2014 to February 13, 2015, the payment method of KRW 135,000,000, which is the date of payment of the construction cost, shall be construed as “No 702, 702, which is newly constructed as the instant construction work.”
(4) On March 13, 2015, the building newly constructed by the instant construction project was registered for preservation of ownership under the name of the owner B, and at the same time, the right to collateral security was created as to the entire building and the land, including the mortgagee’s hot spring Saemaul Fund, the maximum debt amount of 351,00,000,000, and the maximum debt amount of 1,246,000,000, respectively. (5) On March 20, 2015, the Plaintiff completed the registration of ownership transfer under the name of the wife for 70,000,000, in cash. (5) On May 6, 2015, 2015, the Plaintiff completed the registration of ownership transfer under the name of the wife for 70,000.