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1. The Defendant’s KRW 38,450,00 for the Plaintiff and KRW 5% per annum from May 21, 2014 to January 29, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff runs the wholesale business of electricity and building materials with the trade name of “C”, and the Defendant runs the construction business with the trade name of “D,” and the Defendant’s husband E actually operates the said D, and the E’s partner, as the vice president of D.
B. The Defendant’s employee presented to the Plaintiff that “F, head office: H, telephone number: H, and facsimile number: H: I” and suggested that “F, if the Plaintiff pays instead of the Plaintiff, would allow the Defendant to supply materials at the construction site in the future.”
C. In accepting the above proposal, the Plaintiff transferred total of KRW 38,450,000 to each bank account of the Defendant and the Defendant’s Customer as shown below.
J. 1 J. 2: 5,00,000 won on September 17, 2012; 2J 1,000 on December 26, 2012; 3 J. 4 J. 22, 2013 J. 2, 2013 J. 5,000,000 won on February 22, 2013; 5,000,000 won on February 25, 2013; 3,000,00 won on February 2, 2013; 3,00,000 won on February 4, 2013; 3,00,000 won on July 3, 201, 200, 3,000 won on July 5, 200, 200; 3,5,000 won on August 13, 2013; 3, 2008.
D. (1) On the account of the J’s National Bank (Account Number:O) remitted by the Plaintiff, the details of eight-time deposit and withdrawal transactions between September 19, 2012 and February 3, 2013 between the Defendant’s account and the Defendant’s account.
(2) On November 26, 2012, F, an employee of the Defendant, sent a letter of estimate (total amount: KRW 5,358,500, and the Defendant at the R Housing Site completed the new construction of the second floor detached house located in Q, if he/she is his/her domicile, around April 2013. The Plaintiff sent a notice of deposit account to the Plaintiff, as described in the table No. 11-2 (i.e., the document No. 13-4) (i., the document No. 13-4) by facsimile (the document No. 13-4).
In addition, on March 8, 2013, F, an employee of the Defendant, is a facsimile (fax number: P. 11-A.