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1. The Defendant’s KRW 7,200,000 as well as annual 6% from May 23, 2017 to November 30, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 25, 2013, the Plaintiff newly constructed a multi-family house on the land in Chuncheon City C (hereinafter “instant construction site”), and the Plaintiff paid KRW 583,00,000 to the Defendant as construction cost, and the advance payment of KRW 106,000,000 to the Defendant shall be paid as KRW 106,000 after submitting a performance bond. After submitting a performance bond, the first progress payment of KRW 106,000,000 for the second progress payment of KRW 106,000,000 for the second progress payment of KRW 106,000 for the completion of the charnel project and the remainder of the remainder as a rental deposit and additional financial loan after completion.
B. On May 3, 2013, the Plaintiff remitted KRW 106,00,00 to the Defendant. On June 30, 2013, the Plaintiff and the Defendant: (a) drafted a written waiver of the construction agreement with the Defendant to waive the said construction agreement; and (b) agreed to return KRW 7,200,000 out of the construction price that the Defendant received to the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion: (a) the Defendant is obligated to pay KRW 7,200,000, which the Defendant agreed to return as above; (b) the Defendant may undertake the construction work on November 201, 2013 and requested the resumption of construction; (c) the Plaintiff transferred KRW 106,00,000 to the Defendant on November 20, 2013; and (d) the Plaintiff was returned KRW 10,000,000 on the same day, but the Defendant did not resume the construction; and (e) the Defendant did not resume the construction, the Defendant is obligated to return the remainder of KRW 96,00 ( KRW 106,00,000 - KRW 10,000).
B. According to the above facts finding as to the claim of KRW 7,200,000, the Defendant is obligated to pay the Plaintiff the amount of KRW 7,200,000 and the delay damages therefrom, which the Defendant agreed to pay to the Plaintiff. Accordingly, the Defendant asserted that the Defendant agreed to return KRW 7,200,000 by the Plaintiff’s coercion, but there is no evidence to acknowledge this, and the Defendant’s assertion is without merit.