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1. The Defendant’s KRW 67,866,780 for the Plaintiff and KRW 5% per annum from August 1, 2013 to January 13, 2016.
Reasons
1. Basic facts
A. On September 2012, the Plaintiff entered into a construction contract with the Defendant on the condition that the Plaintiff will receive a contract for the construction work of the 4th floor multi-family house on the ground of Gwangju City B and C and the 567,800,000 won for the construction work, and the date of completion by May 30, 2013 (hereinafter “instant construction contract”). The Plaintiff and the Defendant agreed to pay 10 million won for the said construction work, 10 million won after the completion of the second floor construction work, 10 million won for the said construction work, and 10 million won after the completion of the third floor construction work, respectively, and the remainder shall be paid within one week after the completion of the construction.
B. The Plaintiff completed the construction of the said multi-family house in accordance with the instant construction contract (hereinafter “the instant multi-family house”) and accordingly, the Defendant completed the registration of ownership preservation in the name of the Defendant regarding the instant multi-family house on July 31, 2013.
[Ground of recognition] Evidence No. 1, Evidence No. 3, Evidence No. 4, and purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion is merely that the Defendant paid KRW 451,244,290 to the Plaintiff directly or on behalf of the Plaintiff as the instant construction cost, and the Defendant is obligated to pay the Plaintiff the remainder of KRW 116,55,710 ( KRW 567,80,000 - 451,24,290) calculated by subtracting the construction cost already paid from KRW 567,80,00 as set forth in the instant construction contract from KRW 567,80,00, and the remainder of KRW 116,555,710 ( KRW 567,80,00 - 451,24,980).
B. The defendant asserts that the amount transferred by the defendant to the plaintiff or the subcontractor of the plaintiff to the plaintiff or the subcontractor of the plaintiff for the payment of the construction cost shall be KRW 355,304,200, which is the total amount transferred by the defendant to the plaintiff or the subcontractor of the plaintiff for the payment of the construction cost. Accordingly, the plaintiff's assertion.