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1. Defendant C: (a) KRW 100,000,000 to Plaintiff A, as well as 5% per annum from April 6, 2015 to April 26, 2016.
Reasons
1. Basic facts
A. Defendant C is the representative of Defendant F Co., Ltd. (hereinafter “Defendant F”), and Defendant D is the representative of Defendant E Co., Ltd. (hereinafter “Defendant E”).
B. On February 2 to March 2015, Defendant E entered into a sales contract with Defendant F to sell scrap metal generated from the removal works among G ecological restoration projects of the Nowon-gu Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Council members.
C. On April 3, 2015, Plaintiff A entered into the instant sales contract with Defendant C with the following terms (hereinafter “instant sales contract”).
Buyer: The buyer: Defendant F and E subject matter: The contract price for the solid sale of the removed construction works among G restoration projects: KRW 200,000,000: the balance paid on April 3, 2015: KRW 100,000,000, and the balance paid on April 3, 2015: the payment at the time of the removal of the goods: Article 2: “A” collects all the materials recovered, such as all the scrap metals, etc. arising from the process of the removal at the above site.
Article 4:The construction period of the above Corporation shall be from April 3, 2015 to July 31, 2015, and “A” shall be appropriated to cover the principal of “B” from the completed construction period when the principal of “B” is not recovered within this period and shall preserve “B”’s principal.
According to the instant sales contract, Plaintiff A remitted the sum of KRW 10,000,000,000, around April 4, 2015, to Defendant F’s bank account, and KRW 90,000,000,000, around April 6, 2015.
E. However, around March 3, 2015, Defendant C had already concluded a sales contract to sell scrap metal generated from the aforementioned removal works with the I company, but did not notify the Plaintiff A of this fact. Defendant C failed to perform the instant sales contract at all even until July 31, 2015, which is the expiration date of the construction period, and it had already been in a situation where Defendant E was unable to perform the instant sales contract by giving up all rights to scrap metal sales around June 30, 2015.
[Grounds for recognition] Class A, Nos. 1, 2, 4, 5, 9 through 13, 15, 16, and 5.