1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from July 3, 2015 to May 30, 2017 to the Plaintiff.

1. Facts of recognition;

A. On February 7, 2014, the Plaintiff and the Defendant entered into a design contract (hereinafter “instant contract”) with respect to the construction of a parking lot and neighborhood living facilities located in the 1,215 square meters of the parking lot in Yongsan-gu, Seocheon-gu (hereinafter “instant building”) (hereinafter “instant construction”) with the Defendant, with regard to the construction of a new parking lot and neighborhood living facilities (hereinafter “instant building”), with regard to the total floor area of 3,036.16 square meters on the ground of the floors, total floor area, 35,000,000 won (excluding value-added tax) (hereinafter “instant contract”). On the same day, the Plaintiff received KRW 10,000,000 from the Defendant on the same day.

B. On February 25, 2014, the Plaintiff submitted an application for building permit (Evidence B) on behalf of the Defendant, the owner of the building, stating “1,013.91 square meters of building area, total floor area, 2,987.42 square meters” as to the instant building on behalf of the Mayor of Bupyeong-gu, Busan Metropolitan City. However, on March 5, 2014, the Plaintiff submitted an application for building permit withdrawal as to the said application.

The design drawings prepared under the instant contract and submitted to the Busan City on February 25, 2014 are referred to as "the primary design drawings".

The attachment attached to the result of the fact-finding inquiry conducted on August 4, 2016 to the annexed market in this Court.

1. Architectural design); (c)

The Plaintiff and the Defendant decided to change the total floor area of the primary design drawings in a manner that reduces the total floor area. On March 11, 2014, the Plaintiff, along with the modified design drawings (hereinafter referred to as “second design drawings”) attached, filed an application for a building permit with the head of Si/ Seocheon-si, Seocheon-si, and received a building permit on March 19, 2014.

On the other hand, on March 24, 2014, the Defendant paid 25,000,000 won for the unpaid design under the instant contract to the Plaintiff and paid all the design cost under the instant contract.

E. However, even after obtaining the construction permit on the instant building, the construction of a new parking lot in the form of a building located at the entrance of an exclusive residential area is likely to infringe on privacy and to deteriorate the pleasant residential environment due to the increase of traffic volume and the floating population.