1. The Defendant’s KRW 42,00,000 as well as the Plaintiff’s annual rate of 5% from June 26, 2019 to January 15, 2020, and the following.

1. Basic facts

A. In around 2012, the Defendant was awarded a contract with C for a pelvis construction among the new construction works of the F apartment in Chungcheong-gun D and E (hereinafter “instant apartment”).

B. Even after the completion of the above structural construction, C was unable to pay the price for the structural construction to the Defendant, which, on January 8, 2015, C prepared a letter of commitment performance stating that “If C pays the said amount by January 30, 2015, the unpaid construction cost of KRW 175 million to the Defendant, and if it is unable to pay the said amount by February 30, 2015 (see, e.g., clerical error in 28.), it promised to transfer the name on March 1, 2015.”

C. On January 13, 2015, C, in order to secure the Defendant’s obligation for the construction cost of the above aggregate building, on January 13, 2015, C completed the registration of the establishment of a mortgage over KRW 30 million with respect to the instant apartment units as to G, H, I, J, K, and L (hereinafter “instant mortgaged building”).

On April 27, 2015, the Defendant drafted a written agreement (hereinafter “instant agreement”) with the Plaintiff as follows:

In the agreement, the amount of KRW 42 million shall be settled at the time of settlement of the F apartment as the price for the construction of steel framed Do and E apartment buildings with the amount of KRW 42 million.

E. On March 14, 2018, according to the voluntary auction application by the Cheongju District Court N, which was the senior mortgagee of the instant mortgaged building, the voluntary auction procedure regarding the instant mortgaged building (hereinafter “instant auction procedure”). The Defendant did not receive any distribution from the successful bid price of the instant mortgaged building on the date of distribution open on June 11, 2019 and June 25, 2019.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 and 2 (including branch numbers, if any), a significant fact in this court, and the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion is the Plaintiff’s construction cost of KRW 42 million pursuant to the instant agreement (hereinafter “construction cost”).