1. The Defendant shall pay to the Plaintiff KRW 235,00,000 and the interest rate of KRW 15% per annum from June 12, 2018 to the date of full payment.

1. Basic facts

A. On March 29, 2017, the Plaintiff was awarded a contract for the construction work price of KRW 2.8 billion (excluding value-added tax) by the Committee for Promotion of Multi-Family Housing Complex Development (hereinafter “instant construction”) in the name of the Defendant.

B. Around June 2017, the instant construction was completed, and the Plaintiff received construction payment from the said Promotion Committee, and around August to September 2017, paid KRW 360 million to the Defendant.

C. On August 23, 2017, around the time of the completion of the instant construction, the Plaintiff was awarded a contract for the construction work of KRW 350 million (excluding value-added tax) with the said Promotion Committee and D, an agency company, for the construction work in the name of the Defendant.

The Plaintiff completed the additional construction work on September 2017, and received KRW 120 million from the said promotion committee in early 2018, and received KRW 230 million in the remainder of the additional construction work cost on April 27, 2018.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, who did not obtain the Plaintiff’s assertion construction license, concluded a name lending agreement with the Defendant’s actual operator E to lend the instant construction license for interior construction with the Defendant’s contract and pay the name lending fee.

The Plaintiff, while directly keeping the IBK Bank Account in the name of the Defendant, paid KRW 360 million among the construction cost of KRW 2.8 billion received from the said promotion committee as the name lending fee to the Defendant.

However, the defendant received the remaining amount of KRW 230 million from the above promotion committee and refused to return to the plaintiff that changed the identification number of the above IBK Bank account after changing it.

Therefore, the defendant remains in the above account of embezzlement amounting to KRW 235 million = the remainder of the additional construction cost of KRW 230 million.