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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in evidence Nos. 3, 4, 11, 12, and 17:
In around 2001, the deceased and the defendant jointly purchased H 3,306§³ (hereinafter “instant land”) in Gyeonggi-gun, Gyeonggi-do, and then newly built one bath building and one commercial building that A and the defendant will own on the said land, and the defendant was in charge of the overall construction of the said four new buildings, and the construction cost for the building that A will own.
B. On December 17, 2003, after the completion of the said new construction project, the Defendant: (a) presented to A a settlement statement (Evidence A3; hereinafter “instant settlement statement”) prepared by dividing “A” and “A” into “1,265,770,000 won that the Defendant shall pay to the Defendant; and (b) agreed with the Defendant to settle the said settlement statement by paying KRW 271,00,000,000, the difference of which is the Defendant as stated in the said settlement statement.
(hereinafter referred to as “instant settlement agreement”). C.
At the time of the settlement agreement of this case, the Defendant prepared the settlement statement of this case on the basis of the disbursement statement (Evidence A 4) prepared by himself. According to the above disbursement statement, from March 13, 2001 to November 28, 2001, the Defendant was actually paid the construction payment amount of KRW 1,042,272,494, or from June 23, 2001, the Defendant transferred KRW 153,500,000 to the account under A on June 23, 2001, as a loan to A (hereinafter the Defendant’s loan claim against the Defendant for KRW 153,50,000,000,000, which was actually paid by the Defendant (hereinafter the Defendant’s loan claim for KRW 88,772,494, which was actually paid by the Defendant. Accordingly, the Defendant was arranged to receive the above loan by disposing of only the construction payment received by the Defendant.