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1. The Defendant’s KRW 109,660,00 for the Plaintiff and KRW 5% per annum from November 27, 2015 to June 9, 2016.
Reasons
1. On February 9, 2015, the Defendant concluded an agreement on joint management with Mongolian Road Corporation to jointly invest in D projects (hereinafter “instant construction”) with C (hereinafter “instant agreement”) on February 9, 2015.
Article 3 of the Agreement provides as follows, and the Plaintiff transferred KRW 110,000,00 to E, a director of the Co., Ltd. to E, and E transferred the above money to C’s account in the name of C, and C transferred KRW 109,660,000 to the Defendant.
Article 3 (Deposit of Contract Guarantee) (1) B shall deposit the USD 100,000 won at the same time as the conclusion of the agreement, as presented by A, for the performance of the construction work, and A shall prepare and submit a cash custody certificate to B.
2. A shall pay the above amount received from B to F Company, which is the original contractor, without delay, so as not to interfere with the commencement of works, and A shall be liable for all legal responsibilities and damages arising from the failure to pay the above amount due to any cause not related to this project.
[A] On February 9, 2015, the Defendant: (a) prepared a cash storage certificate stating that “The Defendant received KRW 109,660,000 on the basis of the above Convention, and immediately returned upon refund pursuant to paragraph (2) of the contract concluded on January 23, 2015 between the original office building and B.”
【Ground for Recognition: Each entry of Evidence A 1 to 9】
2. The parties' assertion
A. The Plaintiff alleged that the instant construction was not commenced, and the Plaintiff sought the refund of the deposit money on November 26, 2015. The Defendant is obligated to pay to the Plaintiff 109,660,000 won per annum from November 27, 2015 to the service date of the original copy of the payment order and 5% per annum from the next day to the day of full payment.
B. The defendant's assertion that the plaintiff was succeeded to the rights and obligations from C cannot be recognized, and the plaintiff must settle it with C.