대여금 및 손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 7, 8 (including paper numbers; hereinafter the same shall apply) and Eul evidence Nos. 1, 2, and 3, with a comprehensive view to the purport of the whole pleadings:
On April 4, 2016, the Plaintiff was awarded a subcontract for the instant construction works for reinforced concrete (hereinafter “instant construction works”) among D new construction works by C Co., Ltd.
B. The Defendant, as the Plaintiff’s intra-company director, entered into a contract with a sub-contractor, etc., or received construction price from the Plaintiff and paid to the said subcontractor.
The amount of deposit account deposited on the deposit date shall be KRW 20,00,000 for the F 20,000,000 for a new bank 20,000.16.16, 2016.03 New Bank F 4,00,000,000 for the Nong Bank 20,000 for E 10,000,000 for the Nong Bank 20,000 for the Nong Bank 24,000 for the Nong Bank 20,000 for the Nong Bank 2016,00,000 for the Nong Bank 10,000,000 for the Nong Bank 10,00,000 for the Nong Bank 2016,30,00,000 for the Nong Bank 2030,00,000 for the Nong Bank 20130,000,00 for the Nong Bank 2010,1016,2030.
C. From July 29, 2016 to April 5, 2017, the Plaintiff deposited KRW 1,463,93,120 in the Defendant’s Nonghyup Bank deposit account (E) or a new bank deposit account (F) as listed below.
2. Determination
A. The Plaintiff’s assertion 1) The Defendant did not pay KRW 1,375,93,120 as the price, etc. paid by the Plaintiff to re-subcontractors in connection with the instant construction project, the amount of KRW 34 million for G (a food business operator), KRW 45 million for H (H) (a food business operator), KRW 98 million for equipment and wages of KRW 98,00,000 for I (c) and J (a food business operator for K cafeteria).