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1. Upon receipt of a claim for change in exchange at the trial, the Defendant shall pay KRW 47,830,000 to the Plaintiff and its related amount.
Reasons
1. According to the facts acknowledged, the following facts are recognized according to Gap evidence Nos. 1, 3, 5, Eul evidence Nos. 2 and 6 (including each number), and the purport of the testimony and the whole pleading of the witness N of the trial court:
A. On September 2013, the Plaintiff concluded a contract with the Defendant, setting the construction cost of KRW 165 million for the construction of a new house on the land of Gyeongnam-gun, Chungcheongnam-gun, Busan-gun.
(hereinafter “instant construction project”). B.
The Defendant commenced on September 5, 2013, and received full payment of KRW 165 million from September 5, 2013 to January 28, 2014 from the Plaintiff.
C. However, during the construction process, disputes arose between the Plaintiff and the Defendant regarding the computation of excessive construction cost and additional construction cost, and the Defendant suspended the construction work around January 2014.
The Defendant prepared a written statement of payment to the Plaintiff on March 5, 2014. The above written statement of payment was “The maximum amount of bond: 47,830,000 won per day (e.g., e., e., 47,830,000), i.e., debtor: B, who was employed by the construction manager and the supervisor in charge of the new construction of electric source house located in Busan-gun District Co., Ltd., and agreed to make a construction completion inspection by the end of December 2013, which was completed by the end of December 2013. However, it was recognized that there was a defect due to the failure to comply and delay construction work on the design drawing, and that part of the paid construction amount was used for personal purposes, and thus, it should be 30,000,000 won in total (e.g., 165,000,000 won in construction cost) and 30,000 won in total (e., 3000,300,00.
The above person undertakes to pay the above amounts promised by April 4, 2014 and fails to comply with them.