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1. The Defendant’s KRW 4,00,000 as well as the annual rate of KRW 5% from September 6, 2014 to August 13, 2015 to the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff is a merchant engaged in mechanical manufacturing with the trade name “C”.
On January 28, 2011, the Defendant, as an agricultural company, was appointed as the representative director, and on January 17, 2012, E, the present representative director, was appointed as the representative director.
(2) On March 1, 2011, the Plaintiff issued a written estimate of KRW 76,600,000 to the Defendant, who was requested by the Defendant (the representative director D at the time) to perform the project for pre-treatment of pre-treatment of Jeju. Around that time, the Plaintiff concluded the instant first contract for the construction work (hereinafter “instant first contract”) with the Defendant by setting the construction cost as KRW 77,00,000 (including value added tax) and making it oral between the Defendant and the Defendant.
(3) Meanwhile, on March 2, 2011, the Plaintiff prepared a false contract between the Defendant and the Plaintiff on March 2, 2011, stating that the Plaintiff shall pay the Defendant the deposit processing facility from March 2, 2011 to April 10, 201, and the Defendant shall pay the Plaintiff KRW 235,000,000 for that payment, and the intermediate payment of KRW 100,000,000 for the contract date, the intermediate payment of KRW 100,000 on March 31, 201, and the remainder of KRW 10,000,000 on April 10, 201 (see evidence 22,24).
(4) On October 25, 2012, after the defendant's representative director was changed to E, the plaintiff was unable to properly implement the above construction contract, and again, on October 25, 2012, the defendant entered into a contract (hereinafter "the second contract of this case") and completed the contract with the defendant as "on March 25, 2013, the defendant shall pay 77,000,000 won (including value-added tax) for the contract deposit, and 28,000,000 won for the contract deposit on October 25, 2012 (in the case of the contract, it appears to be written in writing, but it appears to be written on October 15, 2012), the balance 42,00,000,000 won shall be paid on March 25, 2013."
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 7 through 9, 16, Eul evidence 1, 2, 22 through 24, and witness.