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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On September 23, 2012, the Plaintiff entered into an agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to pay KRW 74 million for the construction period from October 10, 2012 to November 10, 2012, and KRW 74 million for the first down payment, and KRW 7.4 million for the second down payment, KRW 2.2 million for the second down payment, the date of commencement of construction of walls, KRW 7.4 million to the remainder of KRW 7.4 million from November 1, 2012 to the remainder of KRW 7.4 million from November 1, 2012.
(hereinafter referred to as the “instant contract”). In the column for the construction alteration and addition of the instant contract, the phrase “3. heating and cooling device reclamation system Samsung 40:1st/30 square meters” is indicated as follows.
B. The Plaintiff, at the request of Defendant C, who is an internal director with the representative authority of the Defendant Company, remitted each of the money of KRW 29.6 million to Defendant C’s new bank account, KRW 5.5 million to KRW 7.4 million on September 23, 2012, KRW 7.4 million on October 10, 2012, and KRW 22.2 million on October 17, 2012, and transferred the money to F’s account on October 17, 2012, KRW 29.6 million from November 3, 2012 to November 5, 2012.
C. On November 23, 2012, the Plaintiff: (a) paid the Defendant Company KRW 6,000,000 to the additional construction cost, etc. for the alteration of the YTTEX to the wooden structure; and (b) entered into an additional contract with the Defendant Company to complete more than 90% fairness by November 28, 2012 so that the Plaintiff may suffer from exposure (hereinafter “the instant additional contract”); and (c) at the bottom of the instant additional contract, the Plaintiff stated “no additional construction cost” as “no additional construction cost.”
On November 24, 2012, the Plaintiff transferred the above additional construction cost to G’s account at Defendant C’s request.