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1. The Defendant: (a) KRW 211,042,10 for the Plaintiff and KRW 5% per annum from April 25, 2013 to April 25, 2016; and (b) for the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant received a contract for the installation of telecommunications equipment (C facility construction) from KS Construction Co., Ltd. (hereinafter “SK Construction”) in 201. At the time of the Defendant’s failure to secure the construction fund, the Defendant subcontracted the construction work to the Plaintiff with D’s main office where the Defendant’s managing director was the Plaintiff, and ordered the Plaintiff to pre-subcontract the construction cost by concluding a re-subcontract construction contract, and paid the subcontract price to the Plaintiff as the construction cost received from KS Construction after the completion of construction.
B. D (a corporate weather was retired from inside directors, but still used by the Defendant’s director) drafted a subcontract agreement (Evidence A No. 4) with the Plaintiff on the installation of telecommunications equipment in 2012 that the Defendant was to pay the contract amount of KRW 800,000 to the Plaintiff as in the name of the Defendant with respect to the installation of telecommunications equipment in the year 2012, which was contracted from KS Construction, within seven days after receiving the payment from KS Construction (hereinafter “instant construction”). The Plaintiff completed the construction by re-subcontracting the instant construction work to E operated by D according to the Defendant’s direction.
C. D, under the circumstances that KRW 508,957,900 of the instant construction cost was paid to the Plaintiff, was temporarily discarded, and D, which led to the progress of the instant construction work; F, the representative director of the Plaintiff, found G, the Defendant’s representative director; and on February 8, 2013, the amount of KRW 4 million at each face value of KRW 8 million; the date of payment March 30, 2013; and
4. After the completion of a notarized deed (No. 149 and No. 150 of a deed of H joint office with notary public No. 149 and No. 150) with two copies of promissory notes written on 30.
6. 18.1 and
8. On two occasions on 19.2 occasions each of the four million won was paid eight million won. D.
The Plaintiff entered into a subcontract for installation of telecommunications equipment from the Defendant in 2013 and 2014 and entered into a sub-subcontract with each sub-subcontract.