계약금반환
1. The Plaintiff:
A. Defendant B Co., Ltd. shall pay KRW 30 million and its interest rate from May 13, 2017 to the date of full payment.
1. On September 11, 2013, E entered into a construction contract with Defendant D Co., Ltd. (hereinafter “Defendant D”) for the project at KRW 20 billion and entered into a construction contract with the scheduled commencement date of the construction work, 2016 and 18 months from the scheduled commencement date of the construction work.
(hereinafter “instant contract”). After the conclusion of the said contract, E Co., Ltd. notified Defendant D of the invalidity of the instant contract on the ground that Defendant D was a newly incorporated corporation that was merely a capital of 20 million won.
G, as Defendant D’s auditor, was the actual management owner, through H, requested I, the president of Defendant C Co., Ltd. (hereinafter “Defendant C”) to seek civil engineering works under the instant contract (hereinafter “instant civil engineering works”), and asked I again requested the J, the representative director of Defendant B (hereinafter “Defendant B”).
On November 10, 2016, the Plaintiff concluded a consulting service contract with Defendant B to pay KRW 200 million in return for providing advice on the conclusion of the contract of the instant civil works with respect to the Plaintiff on November 10, 2016, and transferred KRW 30 million to Defendant B’s account on November 15, 2016.
On November 10, 2016, the Plaintiff entered into a consulting service contract with Defendant C and K Co., Ltd. to pay 500 million won in return for the arrangement of the instant civil works, and remitted 20 million won in the same day to Defendant C’s account, and 5 million won on November 15, 2016, respectively. < Amended by Presidential Decree No. 27517, Nov. 10, 2016>