공사대금지급 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. (1) On December 12, 2007, the Defendant drafted a written contract between the Plaintiff and the Plaintiff that “the Defendant is entering into a contract with the Plaintiff for the construction of a new factory of the Chungcheongnamju Company B (hereinafter “instant construction”) at KRW 2.365 billion (including surtax).”
However, on the same day, the plaintiff and the defendant are 2.695 billion won (including surtax) and the other contents of the contract are the same as the above contract.
(2) On October 15, 2008, according to the design change, the Plaintiff and the Defendant drafted an additional contract to the effect that the construction cost will be increased from KRW 2.69 billion to KRW 2.84 billion (including value added tax) according to the change of design on October 15, 2008.
B. (1) On January 30, 2008, the Defendant entered into a credit transaction agreement with the Bank of Korea (hereinafter “the Defendant is to obtain a loan from the Bank of Korea to KRW 218,000,000,000) for the use of the facility fund. At the time, the contract agreement on the instant construction project was submitted to the relevant financial institution, such as the Bank of Korea, stating that the construction cost is KRW 2.695,00,000 (including surtax).
(2) In accordance with the “written request for confirmation of the existence of loans and for payment of loans” submitted by the Plaintiff and the Defendant, the Bank divided several times into the Plaintiff’s account and remitted each of the above loans to the Plaintiff account (the amount converted into the original account). The details of the specific remittance are ① KRW 191,186,000 on January 30, 200 (the date converted into the original account) and ② the details of the remittance.
3. 431,429,194 won (Japan 45,823,600) and 3. The same year for October 10.
4. April 7, 250,241,332 won (Japanese 79,264,80 won) and (4) The same year.
5. 8.8. 369,654,970 won (Japan 37,060,000) and 5. The same year.
6. 5. Doz. 326,217,733 Total 34,051.