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1. The gift contract concluded on August 17, 2015 between D and Defendant B shall not exceed KRW 70,000,000.
Reasons
1. Facts of recognition;
A. From April 2015 to August 3, 2015, Plaintiff Company leased each construction material to E-site, F site, and G site where the construction is undertaken by Nonparty Company. As of August 3, 2015, Plaintiff Company was unable to receive a total of KRW 125,04,283 from Nonparty Company.
Since August 28, 2015, the Plaintiff Company received 34,067,535 won from the H Company, the original state office at F site, and paid 20,940,023 won from the I Company, the original state office at G site on September 2, 2015, but did not receive 70,036,725 won of rent at E site.
B. From August 2014 to July 2015, Plaintiff A supplied non-party Company’s materials, such as hardware, L, M, and N, at the construction site of the non-party Company’s K, L, M, and N, and the amount of KRW 93,842,200 out of the price of the materials was not paid by the non-party Company.
C. On August 17, 2015, Nonparty Company deposited KRW 200,000,000 in cash to Defendant B, the mother of the O’s representative director, and Defendant B transferred the entire amount of said money to the O via the Internet at around 13:30 and around 13:31 on the same day.
In addition, on August 18, 2015, Nonparty C transferred the total amount of KRW 300,000,000 to Defendant C, who is an external third village of theO, via the Internet. On August 19, 2015, Defendant C transferred the said amount to another account under its name on August 19, 2015, and thereafter, Defendant C transferred the said amount to P, who is the wife, KRW 50,000,000 on the same day. 82,00,000 on August 21, 2015, and KRW 169,000,000 on August 37, 2015, to several occasions.
On the other hand, P transferred KRW 170,00,000 in total, more than each of the above money transferred by Defendant C, to Q, who is the wife of the O, on August 19, 2015, KRW 40,000,000, and KRW 40,000 on August 21, 2015, KRW 40,000 on August 22, 2015, KRW 40,000,000 on August 24, 2015, and KRW 40,000 on August 24, 2015, and KRW 10,000,000 on September 30, 2015.
[Recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 5, Gap evidence 7, Gap evidence 10 to 21 (including each number).