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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
Reasons
1. Basic facts
A. On November 29, 201, the Plaintiff is engaged in a construction business after having registered its business with the trade name of “E” as its wife D, as its representative, and is engaged in the construction business.
B. The Plaintiff and the Defendants entered into a contract with the Defendants to newly construct one unit of management Dong, pentan-gun, and three appurtenant buildings (hereinafter “instant building”). From March 4, 2015, the Plaintiff and the Defendants received construction specifications and drawings from the Defendants from around March 4, 2015, and performed the said construction work (hereinafter “instant construction work”) by procuring construction materials and construction seal or equipment, or ordering and supervising the construction work, without completing the instant construction work on October 22, 2015.
C. The Defendants, through other construction companies, completed the construction of the parking lot, indoor partitions, septic tanks, fireproof tanks, electricity and fire fighting, shots, and the construction of the instant building, and obtained approval for the use of the instant building on February 5, 2016.
Defendant B remitted KRW 40,00,000 on March 24, 2015; KRW 40,000,000 on April 10, 2015; KRW 40,000,000 on May 8, 2015; KRW 30,000,000 on June 222, 2015; KRW 30,000 on July 20, 2015; KRW 0,000 on July 20, 200, KRW 20,000 on July 30, 2015; KRW 0,000 on August 30, 200, KRW 200 on the aggregate of KRW 0,00 on the account under the name of the representative director; KRW 60,00 on September 30, 205; and KRW 60,000 on the account under the name of the Plaintiff Company.
[Ground of recognition] In the absence of dispute, entry of Gap's No. 1, 3, 5, 6, 7, 17, Eul's No. 1, 3, 4, 5, Eul's No. 6-4 through 6, Eul's No. 8 (including number ; hereinafter the same shall apply), the result of the first instance's personal examination against defendant C, the result of the first instance court's personal examination against the plaintiff, and the purport of the whole pleadings.