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1. Defendant B’s KRW 51,118,054 as well as 5% per annum from September 1, 2015 to April 27, 2016 to the Plaintiff.
Reasons
1. On April 10, 2015, the Plaintiff entered into a contract with Ilsan-gu E-gu with the cost of construction KRW 124,00,000,000 for the construction work as well as for the manufacture, installation, and installation of Japanese-dong E-gu E (hereinafter “F construction”).
On April 26, 2015, the Plaintiff concluded a contract for construction cost of KRW 66,409,000 on the part of the G senior position, G senior position, and interior works (hereinafter “G construction works”).
At the time of each of the above construction works, the plaintiff, defendant B, H, and I worked as the same person.
Defendant B failed to complete the construction as much as it received the construction cost, and failed to complete each construction of this case, and the Plaintiff completed each construction of this case.
【Ground for Recognition: Each entry in the evidence of No. 1, 2, and 11 through 14, and the purport of the whole pleadings】
2. The grounds for recognition of the fact that the Plaintiff’s assertion and the details of Defendant B’s assertion and transaction of passbooks are recognized: Gap’s statement 3,5,6,7,8,9,10,17 are as follows. The details of Defendant B’s allegation that the Plaintiff lent 4.6 million won to B around February 2015, the Plaintiff was granted KRW 8.4 million with “F Corporation” and paid KRW 3 million (7.5 million with the check; KRW 1 million with the Defendant C account; KRW 12.5 million under the J’s name) to the Defendant as construction cost, and KRW 7.5 million with KRW 7.5 million with KRW 1 million with KRW 12.5 million with KRW 2 million with KRW 2.4 million with the account of Defendant C on December 1, 2015, and KRW 2.5 million with KRW 4 million with KRW 4.5 million with the account of Defendant C on December 2, 2015.
On May 4, 2015, remittance of KRW 35,645,00 to Defendant C’s account, and (as seen earlier, transfer of KRW 3,355,00 in the name of the State) of KRW 35,645,00 from the same day, Defendant B received the construction cost, etc. in each of the instant construction works.