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1. The Defendant’s KRW 75,30,90 for the Plaintiff and KRW 5% per annum from March 13, 2014 to February 7, 2017.
Reasons
1. Facts of recognition;
A. On July 13, 2011, the Plaintiff entered into an agreement with the Korea Environmental Industry and Technology Institute (hereinafter “Korea Environmental Industry and Technology Institute”) on the instant business (hereinafter “instant business”). The business period and the agreement period from July 13, 201 to May 31, 201, with the total project cost of KRW 2 billion, and the Defendant participated as a joint participating institution of the said business.
B. On June 1, 2011, the Plaintiff entered into a consortium agreement with the Defendant to conduct the instant project with the Plaintiff, with the consortiums as the Defendant, and with the total business period and the agreement period as from June 1, 201 to May 31, 2012, with the project cost of KRW 760 million.
C. On December 28, 2012, the Plaintiff consulted with the Nonparty’s institution and the Defendant and agreed to manage the execution of the project cost by transferring the project cost to the Defendant when the Plaintiff requested the Nonparty’s institution to pay the project cost, and accordingly, the Defendant transferred the amount corresponding to the Plaintiff’s project cost to the Plaintiff’s account.
On December 28, 2012, the Defendant is the Plaintiff as the owner of KRW 242,948,214 in relation to the instant business. The manager is the Defendant and the executor is the non-party’s institution. The method of execution is the non-party’s institution, which notified the Defendant of the details of execution, and the Defendant immediately transfers the amount of execution to the Plaintiff. The Defendant obtained a certificate of a deed signed by a private person with regard to the said cash custody and submitted the certificate of payment that the Industrial Bank of Korea has become a guarantor of the said amount, and then received the remaining amount of business expenses from the Plaintiff to the Defendant’s research non-payment account (Account Number
E. As above, the Defendant voluntarily transferred KRW 75,330,90 out of the project cost to the Defendant’s another account (Account Number: D) without obtaining approval from the Nonparty’s institution on March 13, 2014 while keeping the project cost for the Plaintiff.
F. The defendant.