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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revocation is dismissed.
2.
Reasons
Basic Facts
C Co., Ltd. (hereinafter “C”) entered into a contract between C and the Defendant with respect to the instant building (hereinafter “C”) as the owner of a new construction project of the 3rd underground floor and the 8th floor above the ground surface (hereinafter “instant building”). On November 15, 2012, upon resumption of the construction temporarily suspended, the instant building construction project was contracted to the Defendant on November 15, 2012.
On the other hand, around February 2013, C agreed to receive a loan of KRW 3.1 billion for the payment of the cost of the construction of the instant building from the Busan Dental Credit Union (hereinafter “Credit Union”), and upon C’s request, if the credit union deposits money into the funds management account of an international trust company, which is a trust company, as the trust company, according to C’s request, the international trust company entered into a contract with C and the Defendant to deposit money directly into the subcontractor’s bank account.
Around January 2013, the Plaintiff and the Defendant subcontracted to the Plaintiff the instant construction work of reinforced concrete (hereinafter “instant construction work”).
Around that time, the Plaintiff started construction and completed the instant construction work on July 31, 2013, and received KRW 831,474,400 in total on three occasions from March 5, 2013 to June 2013 through the procedures as set forth in paragraph (1) of the same Article. The Plaintiff’s transfer of KRW 195,00,000 to the Plaintiff’s G and F was the real owner who acquired C around November 2012, and was in the position of the head of the Defendant’s site office of the instant building, and F was in the position of C’s representative director around November 2012, and was in the name of the Defendant’s executive director. The Plaintiff transferred KRW 30,300,300,300 to the Corporation’s account and KRW 30,300,300,300,300,301, 3037, 2013.