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1. The Defendant’s KRW 550,437,250 among the Plaintiff and KRW 450,437,250 among them, shall be KRW 100,000,00 from January 30, 2015.
Reasons
1. Facts of recognition;
A. On September 11, 2013, the Defendant: (a) the construction contract between the ELT Construction Co., Ltd. and the Defendant; and (b) the construction of urban residential housing and neighborhood living facilities on the two lots outside of Kim Jong-si, Kim Jong-si (hereinafter “instant construction”).
(1) The construction cost of KRW 10.8 billion, the total building area of KRW 10,856.03 square meters, the commencement date of construction, December 13, 2013, and January 12, 2015, which was determined as the completion date of construction, shall be determined as ELD Construction Co., Ltd. (hereinafter “ELD Construction”).
(2) On May 9, 2014, the Defendant and ELM Construction concluded a contract to modify the instant construction contract (hereinafter “instant construction contract”) with the content that the construction cost was KRW 6.5 billion, the total floor area of the construction, the total floor area of 6,132 square meters, the date of commencement on December 1, 2013, and the date of completion on November 30, 2014, on the grounds of design change, etc.
3) In addition to the amount of the modified contract under the instant construction contract, the Defendant shall make up for the construction cost the amount of KRW 1,50,000 (including purchase value-added tax) from the ELD Construction and the ELD Construction and the ELD Construction, and in any case, the amount in excess thereof shall be held responsible for the ELD Construction. The method of preserving the construction cost shall be determined by examining the method of payment presented by the ELD Construction through subsequent consultation (hereinafter “instant additional agreement”).
B. (B) On September 30, 201, the Plaintiff loaned KRW 450 million to ELD Construction as of January 30, 2013.
2. On September 17, 2014, the Plaintiff filed an application for the seizure and collection order of the claim against the construction price claim with the Jeonju District Court 2014TTTTTTY 201, No. 5637, No. 5637, which was signed by a notary public of ELD Construction as of October 17, 201 by the law firm white papers as of October 17, 201, for the seizure and collection order of the claim against the Defendant for the construction price claim to be paid by ELD Construction as the title of execution. On September 18, 2014, the said court rendered the Plaintiff as the creditor, ELD Construction, the debtor, and the Defendant as the garnishee, and 450,