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1. The Defendant paid KRW 4,074,560 to the Plaintiff KRW 5% per annum from March 5, 2013 to January 15, 2015.
Reasons
1. Determination as to the claim for agreed amount
A. (1) The Plaintiff’s assertion (1) agreed to pay KRW 50,000,000 in return for receiving orders from the Newdong Construction Co., Ltd. for a set of c industrial complex development project and waste disposal project (hereinafter “instant construction project”).
The Plaintiff received the above construction from the Defendant and concluded the contract under the name of the Defendant, and the Defendant paid only KRW 25,000,000,000, the Defendant should pay the remainder amount to the Plaintiff.
(2) The Defendant paid KRW 25,00,000 to the Plaintiff for the repair of the instant construction works that the Plaintiff received as a contract for the instant construction works, and the relationship with the Plaintiff was settled, and the Defendant did not separately agree to pay KRW 50,000,000 to the Plaintiff in return for such settlement.
B. The Plaintiff’s assertion that the Defendant agreed to pay KRW 50,000,000 to the Plaintiff as consideration for the instant construction contract is consistent with the Plaintiff’s assertion, and there is no evidence to believe that the Plaintiff’s statement of No. 10 and witness D’s testimony are difficult and otherwise acceptable.
Rather, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 3-2, 11 and 5, the Plaintiff stated that the Defendant’s representative director E agreed to receive KRW 50,000,000 in return for the delayed payment of wages (hereinafter “Plaintiff’s petition”). The Defendant was awarded the instant construction contract with the Plaintiff on January 14, 2013 and remitted KRW 30,000,000 to the Plaintiff on January 31, 2013 after being awarded the instant construction contract with the Plaintiff on January 31, 2013. Accordingly, it is recognized that the Plaintiff returned KRW 5,00,000 among them to the Defendant. Accordingly, the Defendant paid KRW 5,00,000 to the Plaintiff at a certain rate of the contract price for the construction contract after concluding the contract.