1. The Defendant’s KRW 40,000,000 as well as its annual 6% from January 24, 2018 to May 16, 2019 to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a person who conducts interior decoration business with the trade name of Busan Dong-gu C building and “E” in subparagraph d, and the Defendant is a person who operates the F building in Busan Metropolitan City (hereinafter “instant cartel”).

B. Around January 2017, the Defendant entered into a construction contract (hereinafter “instant construction contract”) with the Plaintiff, setting the construction cost of KRW 825 million (including surtax) and the construction period from January 9, 2017 to April 20, 2017, with respect to the remodeling project of the instant telecom. The Plaintiff completed the instant construction project on or around May 5, 2017, and the Defendant re-rund the instant telecom from May 5, 2017.

C. On January 9, 2017, the Plaintiff and the Defendant drafted a separate contract for construction work amounting to KRW 300 million and KRW 1.155 million increased by KRW 30 million with respect to the instant construction contract. As above, the Plaintiff agreed to pay KRW 30 million with the Defendant for the increased construction work price. The Plaintiff issued a tax invoice for the increased construction price to the Defendant, and the Defendant issued the tax invoice for the increased construction price to the Plaintiff from January 11, 2017 to the same year.

7. up to 21. 21. A sum of KRW 1.15 billion was paid, which was returned by the Plaintiff again.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10 million (825 million - KRW 815 billion - KRW 815 million - KRW 30 million - KRW 40 million, plus the additional tax on the increased construction cost, KRW 30 million from the following day after the copy of the complaint in this case was served on the Defendant from January 24, 2018 until May 16, 2019, which is the date the ruling in this case was rendered, and damages for delay calculated at each rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from the next day until the day of full payment.

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