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1. As to Defendant A’s KRW 90,400,000, Defendant B’s KRW 106,000,000, and Defendant C’s KRW 106,000,000, and each of them.
Reasons
1. Basic facts
A. On October 2010, the Plaintiff entered into a construction contract with Defendant A and Jeonnam-gun D (hereinafter “Korean-style houses”) with the content that the Plaintiff would newly construct the Korean-style houses in KRW 120,700,000 for the construction cost, KRW 116,00,000 for the construction cost, KRW 116,00,000 for the construction cost, and KRW 116,00,000 for the construction cost, and KRW 116,00,000 for the construction cost, respectively, for Defendant C and the Korean-style houses in the above case (hereinafter “instant contract”).
B. According to the above F F’s G village promotion project, the total of six Korea-style houses were newly built. The Korea-style houses Nos. 1, 1, 2, 1, 1, 1, 2, 1, 1, 1, 1, 2, 1, 3, 5, 6, 1, 1, 1, 1, 1, 1, 1, 1,
C. In entering into each of the instant contracts, the Plaintiff and the Defendants paid KRW 10 million on the contract date, KRW 20 million at the time of carrying in timber, KRW 20 million at the time of leaving in, KRW 20 million at the time of leaving in, KRW 20 million at the time of leaving in, KRW 20 million at the time of leaving in, KRW 20 million at the time of leaving in, or KRW 16 million at the time of completing the construction, KRW 50 million at the time of leaving in, the remainder within 10 days after completing the construction, and KRW 50 million at the time of completing the construction, KRW 20 million at the time of leaving in, and KRW 30 million at the time of the completion of the construction.
On October 8, 2010, Defendant A paid 10 million won to the Plaintiff on early October 2010, Defendant B, and C paid 10 million won for each down payment to the Defendant on early October 2010. The Plaintiff: (a) employed L with experience in the construction of hanok as an on-site agent at the said G Village Construction site; and (b) carried out the new construction of hanok 1 through 6 (hereinafter “G village construction”); and (c) Defendant A paid 203 million won to the Plaintiff on December 29, 2010.
E. Since then L has deposited the instant construction cost into the account in the name of Ma and N, one of its children to the Defendants.