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1. Defendant C and D jointly share KRW 105,00,000 for the Plaintiff and Defendant C from June 23, 2014 to January 7, 2016.
Reasons
1. Basic facts
A. Defendant B has engaged in the architectural design business with the trade name “F” in Gwangjin-gu Seoul Special Metropolitan City E and 504, and Defendant C has engaged in the architectural business with the trade name “G” at the same office.
B. On January 21, 2014, the Plaintiff concluded a construction contract with Defendant C with the following contents, and paid the said Defendant KRW 63,000,000 as the contract deposit.
After that, until March 4, 2014, the Plaintiff paid a total of KRW 100,000,000 to the said Defendant as an advance payment for the construction cost.
1. The name of the Corporation: H Corporation;
2. Place of construction: I, J, or K at the proposal of the State.
3. Date of commencement: February 4, 2014.
4. The scheduled completion date: May 31, 2014.
5. Contract amount: KRW 10,000,000 won for daily gold (excluding value-added tax).
C. However, Defendant C is proceeding with the basic construction work.
On June 17, 2014, in relation to the return of the construction cost, the construction was suspended, and on June 17, 2014, the Plaintiff prepared a cash custody certificate (No. 2, hereinafter “the instant cash custody certificate”) in the name of the Defendants in the attached Form (hereinafter “this case”).
(A) Defendant C entered the name of the Defendants and affixed the seals of the Defendants thereto. Defendant D consented to the preparation of the cash custody certificate on June 17, 2014 of this case.
Defendant C and D, on July 2, 2014, in relation to the return of the construction price that the Plaintiff paid, set up a cash custody certificate (No. 5; hereinafter “the cash custody certificate as of July 2, 2014”) in the attached Form in the Plaintiff.
[Based on the recognition] Defendant 2: Each entry of No. 1 through No. 6, No. 1, No. 2, No. 5, and No. 6 (including each number of branches), and the purport of the whole pleadings and arguments as to the confession No. 1 and No. 3
2. Determination as to the Plaintiff’s claim against the Defendants
A. (i) The Plaintiff’s claim against Defendant B was made by telephone at the time when Defendant C prepared a cash custody certificate as of June 17, 2014, and obtained the Defendant B’s consent.