약정금
1. As to the Plaintiff KRW 110,00,000 and its KRW 10,000 among them, the Defendant shall start on May 16, 2014, and the remainder of KRW 100,000.
1. Basic facts
A. On June 23, 2010, when the Plaintiff and the Defendant were to receive a contract for E (hereinafter “instant construction”) from C (the Defendant: the Defendant, the Foundation D (hereinafter “C”) for the construction work, the Defendant agreed to give a subcontract for KRW 7.5 billion to F (the Plaintiff: the agent) and F (the Defendant) to pay KRW 200 million to the Defendant.
B. The Plaintiff paid a total of KRW 135 million to the Defendant from June 17, 2010 to October 22 of the same year in accordance with the above agreement.
Of the above KRW 135 million, KRW 115 million is the money borrowed from Nonparty G and H.
C. C was awarded a contract for the instant construction work from D on July 15, 2010 to KRW 11.832 billion. On September 2, 2010, C awarded a contract for the instant construction work to F Co., Ltd. for KRW 7.5 billion according to the said agreement. Since D did not create a national subsidy of KRW 5 billion, it automatically terminated a contract between D and C on January 201, as it was not paid a national subsidy from the Ministry of Culture, Sports and Tourism.
After all, the contract was concluded between D and I (the vice president: the Defendant; hereinafter referred to as “I”) on March 23, 2011 with respect to the instant construction project, but D did not create its own funds at different times, and thus the said contract was terminated on June 19, 2014. On June 19, 2014, the contract was concluded between D and J Co., Ltd. (the internal director: the Defendant) for KRW 9,797,500,000 and was completed almost as of the date of the instant construction project.
E. Around March 18, 2013, the Plaintiff filed a complaint with the Defendant and K to the effect that D had no intent or ability to contract the instant construction to C, and that the Defendant, the president of C’s Suwon Branch, and Nonparty K, the director of D, had the intent or ability to subcontract the said construction to F, and received the said KRW 135 million from the Plaintiff, by deceiving the Plaintiff.
F. The plaintiff.