A. On October 10, 2012, Defendant B, as the representative of C, entered into a contract on the removal of D shops in the Chungcheongnam Budget-gun between the Haren L&C Co., Ltd. and L&B consortium Co., Ltd. (hereinafter “non-party consortium”).

B. On November 14, 2012, the Plaintiff entered into a sewage supply contract with Defendant A regarding the removal work that was received from Nonparty A, and deposited KRW 30 million in the account designated by Defendant A as a price for scrap metal (hereinafter “instant construction contract”). On the same day, the Plaintiff deposited KRW 30 million in the account designated by Defendant A as a price for scrap metal.

On the other hand, Defendant A received the above KRW 30 million and provided a receipt to the Plaintiff.

[Reasons for Recognition] Each entry of Gap 1 or 2 (including each number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s assertion (1) The Defendant A received KRW 30 million from the Plaintiff, but did not implement the instant construction contract. As such, the Plaintiff is liable to return the amount of KRW 30 million to the Plaintiff.

Defendant A entered into the instant construction contract on behalf of Defendant B on behalf of the Defendants, and as the Defendants are in a partnership relationship with respect to the removal work, Defendant B also has a duty to return KRW 30 million to the Plaintiff jointly and severally with Defendant A.

(2) Defendant B’s assertion that Defendant B did not have the right to represent the conclusion of the contract with Defendant A, and did not work together with Defendant A.

B. In full view of the purport of the entire arguments in the above basic facts, Defendant A received KRW 30 million from the Plaintiff, but did not perform the removal work up to now, and did not deliver the scrap metal to the Plaintiff. The Plaintiff sought return of KRW 30 million paid as the price for scrap metal by the instant lawsuit. Therefore, it is reasonable to deem that the instant construction contract was cancelled.

Accordingly, the defendant A.