1. The Defendant’s KRW 32,896,00 and the Plaintiff’s annual rate of KRW 5% from October 30, 2012 to November 7, 2015.

Basic Facts

The plaintiff is the representative director of C, and C has awarded the contract to the defendant for the new construction of Sacheon-si D.

On July 10, 2012, the Defendant entered into a contract to be supplied with ready-mixed from E, and puts a seal on the column of the text (Evidence A No. 1; hereinafter “instant order”) “B of joint and several surety” without the Plaintiff’s consent.

On October 29, 2012, the Plaintiff sent 37,896,000 won for ready-mixed to E.

On July 9, 2014, the Defendant was convicted of six months of imprisonment due to criminal facts, such as fabrication of private documents, uttering of forged private documents, etc. on the part of the Defendant and the Prosecutor’s appeal filed by Busan District Court Decision 2014No2410 on September 26, 2014, and the judgment below became final and conclusive around that time.

(2) In addition to the above judgment of the first instance court and the appellate court judgment, the Plaintiff filed a lawsuit to return unjust enrichment with E as the Defendant around 2014da34856, and the Plaintiff filed a lawsuit to return unjust enrichment with E. On December 28, 2014, the lower court rendered a decision in lieu of conciliation, such as “E shall pay KRW 5,00,000 to the Plaintiff.”

The Plaintiff received KRW 5,000,000 from E around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, and the purport of the entire argument as to the ground for a claim as a whole, the defendant can be found to have forged the order of this case, and the plaintiff has paid 37,896,000 won to E, and E has refunded 5,00,000 won to the plaintiff.

Thus, the defendant transferred 37,896,000 won to the plaintiff (=37,896,000 won paid to the plaintiff - 5,000,000 won returned to the plaintiff by E) and the plaintiff's transfer of 37,896,00 won to E from October 30, 2012, as claimed by the plaintiff.