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1. The defendant shall pay 5,00,000 won to the plaintiff and 20% per annum from September 7, 2013 to the day of complete payment.
Reasons
1. Facts of recognition;
A. At the time of November 27, 2009, the Plaintiff was awarded a contract by setting the construction cost of D ground neighborhood living facilities and building construction works for detached houses as the construction cost of KRW 480,000,000,000.
B. On September 9, 201, the date of completion of the construction of the said new building, the Plaintiff prepared a lease agreement stating that “C shall pay the remainder of KRW 55 million out of the total construction cost of KRW 4880 million by October 30, 201,” and that “the Defendant shall pay the remainder of the construction cost of KRW 55 million to the Plaintiff on behalf of the Defendant, and all obligations of the Defendant shall be deemed not liable” from the Defendant on November 13, 2012.
[Grounds for Recognition: Facts without dispute, entry of Gap1-4 evidence, purport of the whole pleadings]
2. Determination on the cause of the claim
A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount equivalent to 55 million won according to the payment memorandum and damages for delay.
B. The defendant's assertion and its judgment (1) are written by the defendant on September 9, 201 by threatening the plaintiff and his husband E to the piracy, which is the former part of the defendant. Based on the above, the defendant's statement of payment was written by November 13, 2012, and the above statement of payment should be revoked because it is unfair. However, since there is no evidence to prove that each of the above documents was written by coercion, the above argument by the defendant is without merit.
(2) Next, the Defendant’s total amount of the construction cost to be paid by the Defendant is KRW 436,363,636 (the amount excluding value-added tax in the amount of KRW 480 million), KRW 465,00,000, ② removal cost paid by the Defendant, KRW 9,400,000, license loan cost, KRW 5,000, and ③ KRW 6,079,000, paid by the Defendant to the subcontractor on behalf of the Plaintiff on behalf of the Plaintiff ( = Field building material + KRW 270,000 + KRW 20,000 + Field building material + KRW 409,000 + KRW 3,200,000 + 40,000, and KRW 2,000,000). other than the above.