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1. The part of the first instance judgment against the Plaintiff corresponding to the amount ordered to be paid below shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. The Defendant is a construction company G Co., Ltd. (the representative director is the Defendant’s wife H; hereinafter “G”).
E was the business owner of the “D” club in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant age club”) and I was the one who operated the construction company and was known to the Defendant as an investor of the said age club. B. G was awarded from E around May to July 2010 1.41,2410,000 won a contract for the interior of the instant age club (hereinafter “age club construction”). In accordance with an agreement with E, construction excluding some facilities was completed, and approval was granted for the use of the instant age club around September 2010.
(c)
On October 8, 2010, the Plaintiff entered into a contract with the Defendant, who is a private village, under which “the instant parking lot operation contract” was entered into with the following terms: “The amount of KRW 200 million shall be paid for the operation of the age club parking lot during one year (from October 8, 2010 to October 7, 201) and the contract period shall be automatically extended, but the full amount of the deposit shall be refunded at the time of termination of the contract” (hereinafter “instant parking lot operation contract”).
The Plaintiff paid KRW 100 million to E as a check on the date of concluding the contract, and the remainder KRW 100 million was paid on October 11, 2010.
(d)
In order to pay the remainder of KRW 100 million, the Plaintiff sent the sum of KRW 100 million (hereinafter “the instant money”) to the J bank account in the name of the Defendant (K; hereinafter “Defendant’s name account”) on October 1, 2010 and KRW 50 million on October 18, 2010, and entrusted the Defendant to deliver the said money to E.
E. On November 9, 2010, the Defendant, who did not immediately deliver the instant money to E, wired the sum of KRW 50 million to the I’s account ( KRW 40 million from the Defendant’s account, KRW 10 million from the L’s account), including only some of them, in the name of the Defendant. 50 million separately raised by the Defendant on November 10, 2010.