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1. A contract is concluded between the defendant and C Co., Ltd. on November 3, 2016 and November 9, 2016 as to each claim listed in the separate sheet.
Reasons
1. Facts of recognition as the basis;
A. The Plaintiff filed a lawsuit claiming rent from the Suwon District Court for the reason that a claim for rent for building materials for the non-party C Co., Ltd. (hereinafter “C”) was located, and the appellate court, the Suwon District Court 2016Na1394, which was the appellate court, decided on July 29, 2016 for compulsory adjustment of rent for building materials.
According to the above decision, as of November 3, 2016, the Plaintiff owns a monetary claim of KRW 30,789,041 (30,000,000 and interest interest interest of KRW 789,041) against C.
B. On October 27, 2016, C entered into a contract with the Sungsung-gun with the contractor, the contractor, and the contractor, and the contract with the 101,592,270 won for the work (hereinafter “instant contract”). On November 2016, C entered into an agreement with the contractor, the Crossing-gun with the contractor, the contractor, and the construction cost of the work amount of KRW 94,069,30 (hereinafter “E”).
C. On November 3, 2016, immediately after the commencement of the instant construction project, C transferred KRW 101,592,270 to the Defendant, the representative director of the said company, who is F, the Defendant, under the instant contract No. 1 (hereinafter “instant claim for construction cost”). On the same day, C transferred KRW 101,592,270 (hereinafter “instant claim transfer”), and notified the Crossing-gun by content-certified mail.
C Around November 9, 2016, around November 9, 2016, the Defendant transferred KRW 94,069,300 (hereinafter “instant claim for the second construction cost”) to the Defendant under the instant contract from the Crossing-gun (hereinafter “instant claim for the second construction cost”). Around November 14, 2016, the Defendant notified the Crossing-gun of the transfer by content-certified mail.
E. On February 7, 2017, the Defendant received KRW 16,200,00 from Crossing-gun as a part of the claim for the first construction cost of the instant case from the Defendant’s bank account under its name.
F. C On March 27, 2017, the construction of the instant contract between Crossing-gun and Crossing-gun shall be terminated.