손해배상(기)
1. As to Defendant D’s KRW 287,50,000 and KRW 87,500,000 among the Plaintiff, Defendant D’s KRW 287,50,000 from February 6, 2013, and KRW 200,00,00.
On January 15, 2013, the Plaintiff was awarded a contract for construction cost of KRW 450,000,000 (excluding value-added tax) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) for the installation of water supply and drainage facilities (hereinafter “instant construction”).
On February 15, 2013, the Plaintiff concluded a new contract with the Defendant Company to increase the construction price of the instant construction in KRW 700,000,000 (value-added tax separate) (hereinafter “the first contract”) (hereinafter “the first contract”) and the modified contract (hereinafter “the second contract”).
The Plaintiff received total of KRW 781,00,000 from the Defendant Company for the purpose of construction payment through the Gyeongnam Bank account (G; hereinafter “instant new account”) and another Gyeongnam Bank account (H; hereinafter “instant corporate account”) in the name of the Plaintiff as shown below (attached 1).
On the other hand, from the corporate account of this case, KRW 200,000,000 was withdrawn as a check on April 30, 2013, and the Defendant Company received the said KRW 200,000 through Defendant D on the same day.
On April 30, 2013, Defendant D entered his signature and resident registration number, and the phrase “D accepted the above cashier’s checks.”
In the absence of dispute, Gap evidence 2-1, 2-1, 4-1, 2-2 of Gap evidence 2-1, 2-1, 4-1, 4-4 [Attachment 1] of the relevant account in the instant case’s new account in the amount of KRW 209,000,000 on January 28, 2013, and the amount of KRW 44,000 on March 21, 2013’s new account in the instant case’s account in the instant case’s amount of KRW 6,00,000 on April 2, 2013, 200 and KRW 352,00,000 on April 29, 2013, the company deposited the instant new account in the instant case’s account with KRW 781,00,000 on July 110, 200, 200 and the remainder of the account’s account in the instant case’s account in the instant case’s account in the following [: