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1. The Defendant’s KRW 150,000,000 as well as its annual interest from December 31, 2014 to August 18, 2016 to the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. (1) On July 8, 2010, the Plaintiff concluded a removal service contract with the Defendant Company, setting the cost of removal as KRW 900 million for all the buildings and by-products related to the new construction of a new apartment complex C (hereinafter “new construction of this case”) and the new construction of a new apartment complex C in the Sungsung-si city (hereinafter “new construction of this case”).
(2) On July 8, 2010, the Plaintiff deposited KRW 19 million with the bank account (E) designated by D (the representative director of the Defendant Company, July 18, 2012), a real operator of the Defendant Company, as the deposit money for the instant service contract, and paid KRW 10 million in cash.
(3) On August 10, 2010, the Plaintiff deposited KRW 9,990,00 in the post office account (F) designated by the Defendant Company as the remainder of the instant deposit. On August 25, 2010, the Plaintiff paid to the Defendant Company KRW 90,000 as a check, and paid KRW 30,000,000 to the Defendant Company in cash, respectively.
(4) The above D received each of the above paragraphs (2) and (3) from the Plaintiff, and delivered it to the Plaintiff with the seal of the employee of the Defendant Company affixed on the deposit sheet (No. 2-1 to 4) of each of the above money.
(5) After that, when the Defendant Company was unable to perform the instant service contract, the Plaintiff notified the Defendant Company of the return of the instant deposit, and the Defendant Company drafted and issued on November 15, 2014, a letter of payment with the purport that “if the Plaintiff returned the deposit amount of KRW 150 million paid to the Defendant Company to December 30, 2014, the Plaintiff shall return the deposit amount of KRW 150 million to the Defendant Company until December 30, 2014, and the Defendant Company shall pay 9% interest per annum on the deposit amount to the Plaintiff (hereinafter “instant payment note”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3 Gap evidence Nos. 1 to 2-1, 2, and 4 do not dispute the part concerning the seal image of the defendant company, and Gap evidence No. 2-3 is acknowledged by witness G’s testimony and statement No. 1.