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1.In accordance with the succession participation in the trial, the judgment of the first instance shall be modified as follows:
Of the instant lawsuit, the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 13, 2011, the Plaintiff entered into an agreement with the Korea Environmental Industry and Technology Institute (hereinafter “Korea Environmental Industry and Technology Institute”) on the instant business (hereinafter “instant business”). The business period and the agreement period from July 13, 201 to May 31, 201, with the total project cost of KRW 2 billion, and the Defendant participated as a joint participating institution of the said business.
B. On June 1, 2011, the Plaintiff entered into a consortium agreement with the Defendant to conduct the instant project with the Plaintiff, with the consortiums as the Defendant, and with the total project period and the agreement period from June 1, 201 to May 31, 2012, with the project cost of KRW 760 million.
C. On December 28, 2012, the Plaintiff consulted with the Nonparty’s institution and the Defendant and agreed to manage the execution of the project cost by transferring the project cost to the Defendant when the Plaintiff requested the Nonparty’s institution to pay the project cost, and accordingly, the Defendant transferred the amount corresponding to the Plaintiff’s project cost to the Plaintiff’s account.
On December 28, 2012, the Defendant: “The owner of KRW 242,948,214 in relation to the instant business is the Plaintiff; the manager is the Defendant, and the executor is the non-party institution. The method of execution is the non-party institution. The Defendant: (a) prepared a cash custody certificate to the effect that the non-party institution notifies the Defendant of the details of execution; and (b) immediately transfers the amount of execution to the Plaintiff; (c) obtained a certificate signed by a private person with regard to the said cash custody; and (d) submitted the certificate of payment issued by the Industrial Bank of Korea as guarantor to the said amount; and (c) received the remaining
E. As above, the Defendant voluntarily transferred KRW 75,330,90 out of the project cost to the Defendant’s another account (Account Number: D) without obtaining approval from the Nonparty’s institution on March 13, 2014 while keeping the project cost for the Plaintiff.
F. The defendant.