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1. The Defendants jointly share KRW 90,469,50 to the Plaintiff, and Defendant B Co., Ltd. with respect thereto from April 19, 2018.
Reasons
1. Facts of recognition;
A. On December 2017, Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a subcontract on reinforced concrete and non-structured construction (hereinafter “instant construction”) with the Plaintiff on the early December 2017, and had performed the instant construction since around that time. The instant construction was waived due to the settlement of construction cost for the early February 2018. Accordingly, the said subcontract was terminated around that time.
B. Since then, the Plaintiff directly operated the instant construction, and Defendant C, the representative director of the Defendant Company, was offered the Plaintiff’s proposal that the instant construction was carried out under the direct management of the Plaintiff, and was working as a daily allowance system from February 2018 to March 5, 2018 at the construction site of this case.
C. Meanwhile, the Plaintiff paid to the Defendant Company the total amount of KRW 136,747,270 as the construction cost from January 3, 2018 to February 28, 2018.
The Plaintiff, after the direct management of the instant construction, attempted to pay the labor cost to the public, and on March 16, 2018, Defendant C did not want to deliver the wage to the public, but did not want to transfer the number of the public, thereby making it false to the Plaintiff that he would pay the wage to the public on his own behalf, by transferring the wage of the public, because he knows the number of the public, and he did not want to pay the wage to the public. The Plaintiff transferred KRW 90,469,500 to the Defendant Company’s account on the same day as the said false wage of the public on the same day.
However, Defendant C did not pay the above money as wages of the father and used it for other purposes around that time.
E. On December 11, 2018, Defendant C was indicted by the Daejeon District Court 2018 Godan637 due to the above fraud, etc. and was sentenced to one year of imprisonment on August 13, 2019, and the Defendant C appealed appealed, but was sentenced to the dismissal of the appeal on November 28, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 5, and the purport of the whole pleadings.