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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On October 31, 2013, the Plaintiff filed a lawsuit against B (hereinafter referred to as “B”), claiming for the payment of KRW 48,000,000 among the construction cost of KRW 59,00,000 (excluding value-added tax), among D New Construction Works implemented by the Plaintiff after being awarded a contract from B on May 14, 2012, and filed a judgment accepting the Plaintiff’s claim (Seoul District Court Decision 2013Da1574), and the said judgment became final and conclusive around that time.
B. B was established around February 17, 201, and its representative director is C, which is the former husband (Divorce around 2014) of the defendant, and the defendant is registered as an auditor in the corporate register B.
C. Since the date of incorporation B, the following financial transactions have been conducted between B, C and the Defendant:
1) From February 17, 201 to December 31, 2012, KRW 359,461,000 was remitted in total to C’s account from February 17, 2011 to December 31, 2012. (ii) From December 7, 2011 to November 19, 2012, a total of KRW 38,700,000 on several occasions over several occasions ( KRW 31,00,000 on December 7, 2011) ( KRW 20,000 on June 19, 200,000 on several occasions) was remitted from the Defendant’s account to November 19, 2012; and
(4) The Plaintiff asserted that the sum of the above remittance amount is KRW 38,702,60,00, which is 2,600,000 in total, was transferred from the Defendant’s account to B’s account. (3) On September 2, 2011, the amount of KRW 500,000 was transferred from September 2, 201 to the Defendant’s account. (4) From February 17, 2011 to December 31, 2012, the sum of KRW 187,891,300 was transferred to the Defendant’s account.
5) From April 29, 201 to May 29, 2012, a sum of KRW 154,000,000 in several times from the Defendant’s account ( KRW 18,50,500,000 on April 29, 2011, May 17, 2011; KRW 1,000,000 on June 30, 201; KRW 20,000,000 on August 22, 2011; KRW 15,00,000,000 on several occasions ( KRW 15,00,000 on October 15, 200,000; KRW 10,000 on the same date; KRW 10,000 on the same date; KRW 10,50,00 on the same date; KRW 10,00 on the same date); and