편취금
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant A is the actual representative of Defendant A Co., Ltd. (hereinafter “C”), and Defendant B is the father and wife of Defendant A and C’s representative director.
The Defendants are joint operators of C.
B. In around 2015, the Plaintiff was awarded a contract for the production and installation of field facilities among D additional construction works from C.
(hereinafter “instant contract”). (c)
C In order to pay the construction cost under the instant contract to the Plaintiff, on May 29, 2015, C issued a promissory note with the face value of KRW 140,00,000,000, and transferred the account transfer of KRW 160,000,000 on June 16, 2015, and issued a promissory note with the face value of KRW 150,000,000 on August 3, 2015, and delivered a promissory note with the face value of KRW 150,00,000 on August 18, 2015, by account transfer of KRW 120,000,000 on September 24, 2015 (the face value of KRW 120,00,000,000, and maturity of KRW 31,200,000 on December 31, 2015).
On January 11, 2016, the Plaintiff received a promissory note (hereinafter “instant Promissory Notes”) at C’s face value 100,000,000, and at its maturity on March 21, 2016 (hereinafter “instant Promissory Notes”). Around 17:02 on the same day, the Plaintiff received KRW 30,000 from C to the Plaintiff’s bank account, and then transferred KRW 150,00,000 to Defendant B’s bank account around 17:23 on the same day.
(hereinafter “instant payment”). (e) The payment of this case
C On January 11, 2016, a promissory note 1 of this case was settled using the instant payment amount.
F. C issued, February 1, 2016, respectively, promissory notes with a face value of KRW 170,000,000 issued D, face value of KRW 100,000,000 on February 24, 2016, and each promissory note with a face value of KRW 50,760,000 on February 24, 2016, to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 through 8, and 13, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The Plaintiff’s cause of the claim is January 2016.