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(영문) 부산지방법원동부지원 2017.06.30 2017가합101200

임금

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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 365,00,000 and KRW 265,000,000 among them, from December 1, 2016.

Reasons

1. Facts of recognition;

A. On July 15, 2015, Defendant B Co., Ltd. (hereinafter “Defendant Company”) loaned KRW 265,000,000 to the Plaintiff on July 15, 2015 (hereinafter “instant loan”). Of them, KRW 130,00,000 to the Defendant Company was due on November 30, 2015, and KRW 135,000,000 was due and due and due date on November 30, 2015; and the rate of delay damages was 20% per annum.

B. On October 24, 2016, the Defendant Company and the Plaintiff drafted a letter of payment with the following content (hereinafter “written rejection”).

-B - The joint and several sureties of Defendant Company A: C: The Plaintiff’s above and B agree as follows:

1. Loans of this case 265,000,000 won

2. 130,00,000 won under an authentic deed of a money consumption loan contract No. 1559 of 2015.

3. D Loans of KRW 20,000,000;

4. The Plaintiff’s wage of KRW 80,000,000 is promised to pay KRW 495,00,000 for the total amount of KRW 1,2,3, and4 above up to November 30, 206, regardless of case number EF’s auction.

(c).

On December 1, 2016, the Plaintiff filed an application for the instant payment order (hereinafter “instant payment order”) with the purport that the Defendants are the debtor, and that “the Plaintiff shall pay the D borrowings, Plaintiff’s wages totaling KRW 100,000,000, and delay damages” (hereinafter “instant payment order”).

[Grounds for recognition] The descriptions of evidence Nos. 2 and 3, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff KRW 365,000,000 (the Plaintiff’s wage of KRW 20,000,000 (the Plaintiff’s wage of KRW 80,000) pursuant to the instant payment note, barring any special circumstance.

B. As to the Defendants’ assertion, the Defendant Company is liable to the Plaintiff for obstruction of construction or civil petition arising from the establishment of the “B Center.”