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The part against the Defendants in the judgment of the first instance is revoked, and the Plaintiffs corresponding to the revoked part are the Defendants.
Reasons
1. Basic facts
A. The Plaintiffs, upon the recommendation of Defendant C, who was in office as the head of the counseling office of F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) between South and North Korea, ordered the Nonparty Co., Ltd to undertake remodeling construction work for the apartment buildings owned by each of the Plaintiffs (hereinafter “instant construction work”) as follows:
(hereinafter “instant contract”). Meanwhile, Defendant D, as an internal director of the Nonparty Company, actually represents and was operating the Nonparty Company, and Defendant D’s children, as Defendant D’s children, is engaged in the business registration in January 25, 2016 and engages in the Indian medicine construction business on the trade name of the same “F” as Nonparty Company.
On October 26, 2016, the date of the contract for the manufacture of the intermediate payment of KRW 32,250,000 at the time of the contract when the contract for the down payment of KRW 5,00,000 when the contract is concluded for the contract for the work of remodeling KRW 42,575,00 from October 10, 201 to October 25, 2016, Seongdong-gu Seoul Metropolitan Government G apartment H (hereinafter “Sdong apartment”) of Seongdong-gu Seoul Metropolitan Government (hereinafter “Sdong apartment”) for the construction work of remodeling KRW 62,00,000,000 for 32,250,000 at the time of the contract for the intermediate payment of KRW 15,00,000 at KRW 22,575,00 to KRW 25,00,00,000 from the completion date of the construction work for the remainder of KRW 7,175,000,00 to 36.16.
B. After that, without distinguishing the construction cost to be paid by the Plaintiffs, Plaintiff A transferred it to the account (U) in the name of Defendant E in the following table.
① Temporary (3) An amount: (a) 3,00,000 on October 26, 2016; 22,000,000 on October 27, 2016; 3,000,000 on November 15, 2016; 2,850,000 on November 15, 2016; 5,000 on May 2, 2016; 20,000 on December 1, 2016; (b) 5,00,000,000 on December 2, 2016; and (c) 6,00,000,007 on December 9, 2016; and (c) 6,000,000,000 on the aggregate;
C. The instant construction project is in the form of entering into a subcontract with Defendant E, who is an infant of Defendant D, for the interior of the interior works from the Nonparty Company.