선급금반환
1. Defendant C shall pay to the Plaintiff KRW 110,00,000 as well as 12% per annum from March 5, 2020 to the full payment.
1. To Defendant C, indication of claim * is identical to description of the cause of the claim separately appended.
* A judgment by service by public notice, only matters necessary to specify a claim pursuant to Article 208(3)(3) of the Civil Procedure Act, and the remaining detailed reasons are omitted. 2. Defendant B
A. According to the purport that the Plaintiff would receive an order for electrical construction among D apartment reconstruction construction works, the Plaintiff paid KRW 110,000,000 to Defendant C, Defendant B, and Nonparty E at its cost. Unlike the promise, the Plaintiff did not receive the order for electrical construction, and Defendant B promised to jointly and severally with Defendant C and Nonparty E to return KRW 110,00,000 to the Plaintiff. Therefore, the Plaintiff is obligated to pay KRW 110,000,000 in accordance with the agreement.
B. However, there is no evidence to acknowledge that Defendant B promised to return KRW 110,000,000 paid by the Plaintiff, like the Plaintiff’s assertion.
(Defendant B only introduced the business and did not use the money, and therefore the return is not promised. (C)
Therefore, the plaintiff's claim against the defendant B cannot be accepted, and it is dismissed.