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1. Defendant C’s KRW 56,500,000 and its amount are 6% per annum from May 31, 201 to May 12, 2015.
Reasons
1. Basic facts
A. On October 15, 2010, Defendant C (hereinafter “Defendant”), who operates the personal business of “D”, drafted each contract between the Defendant and the limited partnership E (hereinafter “E”), whereby the Defendant, as the subcontractor, wishes to receive each payment of KRW 146,50,00 for the construction cost of the F new construction work (hereinafter “instant construction work”).
B. The Plaintiff, among the instant construction works, performed the instant construction works, entrusted the instant construction works to be carried out, and completed all of the said construction works around May 201.
C. E remitted each of the KRW 50,00,000 to the Defendant’s name account, KRW 90,000 on December 29, 201, KRW 90,000 on February 1, 201, and KRW 30,000 on March 17, 201 (total KRW 170,000,000).
The Defendant transferred KRW 25,00,000 from the account under the name of Defendant B Co., Ltd. (hereinafter “Defendant Company”) to the account under the Plaintiff’s name, and KRW 35,000,000 on February 1, 201, from the account under the Defendant’s name to the account under the Plaintiff’s name. The Defendant wired KRW 10,000,000 on March 18, 201 to the account under the Plaintiff’s name.
E. On July 20, 201, the Defendant filed an application for provisional seizure of real estate (201Kahap45) with respect to the real estate owned by E in Young-gu District Court Young-gu District Court support E as the claim amount of KRW 105,50,000 for the unpaid construction price for E (a limited partnership G).
F. Meanwhile, the defendant is the representative director of the defendant company.
[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence 1, 2, Eul evidence 2 or 4 (including each number), the purport of the whole pleadings
2. Determination as to the claim against Defendant B
A. The Plaintiff asserts that the part of the instant construction work shall be KRW 60,000,000,000 for the construction cost of KRW 130,000,000 from the Defendant Company, but the Defendant Company paid only KRW 70,000,00 among the construction cost, and thus, the Plaintiff shall pay KRW 60,00,000 for the construction cost.