The defendant's KRW 129,113,262 to the plaintiff and 5% per annum from August 25, 2019 to August 11, 2020.

Facts of recognition

Plaintiff

The Defendant and C filed a lawsuit against the Plaintiff, D (hereinafter “D”) and E, etc. seeking construction cost, etc. under the Daegu District Court Branch Branch Decision 2014Gahap3864, which declared on January 15, 2016, that “the Plaintiff, D, and E jointly and severally pay KRW 60 million to the Defendant and the damages for delay.”

(hereinafter “Judgment of the first instance”). The Plaintiff and D appealed against the judgment of the first instance, and filed an appeal with the Daegu High Court No. 2016Na470, March 23, 2017, and the said court dismissed the Plaintiff and D’s remaining claims, while partially accepting the Plaintiff and D’s appeal on March 23, 2017, “The Plaintiff and D jointly and severally accepted the Defendant 435,198,511 won and the amount calculated at the rate of 5% per annum from February 24, 2017 to March 23, 2017, and 15% per annum from the next day to the date of full payment.”

(2) On July 20, 2018, the lower court’s judgment became final and conclusive on the grounds that both appeals were all dismissed on July 20, 2018 (No. 2017Da16488). On January 27, 2016, the Defendant, based on the first instance judgment, filed an application for compulsory auction of real estate on the Daegu-gu Daegu District Court’s Seo-gu G Dae-gu 367.2m2m2 and its ground-based 4m2 (hereinafter “instant compulsory auction case”), and the said real estate was sold at that auction procedure.

On November 21, 2016, the court below held that, with the amount of KRW 1,427,782,250 which is to be actually distributed out of the above sale proceeds, the Defendant distributed KRW 851,136,983 (the amount of KRW 600 million and damages for delay up to November 21, 2016; hereinafter “instant dividend amount”) to the Defendant, etc., the remaining amount of KRW 14,953,316 (hereinafter “Plaintiff’s dividend amount”) remaining after paying dividends to the creditors is the distribution schedule of this case.

was drawn up.