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1. The Plaintiff:
A. As to Defendant Sejong Industry Co., Ltd., the amount of KRW 82,775,10 and KRW 50,000,000 among those amounts, the amount of KRW 82,775,110.
Reasons
1. Determination on the cause of the claim
A. As to the claim for the payment of the price for the direct ducting machine, the Defendant Company agreed to pay the Plaintiff the price of KRW 50,000,000 for the direct ducting machine. The Defendant B’s joint and several liability does not conflict between the parties, and thus, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 50,000,000 and the delay damages therefor.
B. As to the return of the price for the construction and the claim for reimbursement that has been paid in excess, the following facts do not conflict between the parties, or may be acknowledged by the statements in Gap evidence Nos. 5 through 22, and 28 (the defendant, after having led to a confession of a part of the following facts, revoked it on the first day for pleading, but there is no evidence to acknowledge that the confession was contrary to the truth and due to mistake, and thus, the revocation of confession has no validity
(1) From the second half of the 2010 to December 2013, 2013, the Defendant Company received from the Plaintiff the part of the joint construction, such as a new construction work, a new construction work, and a new construction work, a D Middle School cafeteria from the Plaintiff and constructed it (hereinafter “instant construction work”).
(2) The construction cost to be paid by the Plaintiff to the Defendant due to the instant construction project is KRW 846,451,979 in total on the basis of the construction cost for which the tax invoice was issued, and the Plaintiff paid KRW 742,032,300 among them.
③ From the account under the name of the Plaintiff, the Plaintiff’s representative director, E, or E’s Dong F, the Defendants or Defendant B’s G G account opened in the name of his father, to KRW 2,000,000 on August 5, 2010, KRW 2,000,000 on March 10, 201, KRW 7,000 on March 16, 2011, KRW 16,000 on June 25, 201, KRW 200,000 on June 25, 2011, and KRW 1,000,000 on June 25, 200, KRW 200 on October 26, 201, KRW 00 on October 26, 200, KRW 100 on October 20, 201; and KRW 10,05, Oct. 10, 2010.
④ The Plaintiff created the NongHyup Bank account and debit card with the Defendant Company, and used the account as the subcontract construction fund by the Defendant Company.