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1. The Defendant’s KRW 57,500,000 for the Plaintiff and the following: 5% per annum from March 28, 2013 to November 26, 2014.
Reasons
1. The following facts are not disputed between the parties or may be acknowledged in full view of Gap evidence 1, 2, and 4, Eul evidence 3-1 to 5, Eul evidence 1-1 to 6, Eul evidence 1, 3, 4, and 5, fact inquiry results and the whole purport of arguments with respect to the director of the Office of Mineju in this court:
C Co., Ltd. (hereinafter “C”) on October 9, 2012, the Plaintiff entered into and rescinded a contract under the name of the Plaintiff.
(2) On February 15, 2013, the Plaintiff and C agreed to cancel the instant construction contract around February 15, 2013, and the said construction contract was not commenced until the time. (3) On the same day, C sent advance payment of KRW 20 million to the national bank account (Account Number: E) in the name of the representative director D.
B. Around February 15, 2013, the Plaintiff contracted the instant construction work to F with F in the amount of KRW 150 million. At that time, F used the Defendant’s name (hereinafter “instant contract”).
(2) The Plaintiff deposited KRW 80 million in total, including the agricultural bank account in the name of the Defendant (Account Number): KRW 20 million on February 19, 2013; KRW 20 million on March 7, 2013; KRW 20 million on March 14, 2013; KRW 10 million on March 21, 2013; KRW 10 million on March 26, 2013; and KRW 80 million on March 26, 2013.
3) Around February 2013, F commenced the above construction, but suspended on March 27, 2013. At the time of suspension, the period was 15% at the time of suspension. 4) On May 3, 2013, the Plaintiff sent to the Defendant a letter verifying the content that “The Defendant shall settle the construction price already paid to the subcontractor, refund the remainder to the Plaintiff, and pay the compensation for damage KRW 40 million,” and the said mail reached the Defendant around that time.
5. In filing the instant lawsuit, the Plaintiff agreed to terminate the instant housing construction contract between the Plaintiff and C, and C, and C shall return to the Plaintiff advance payment KRW 20 million.