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(영문) 창원지방법원 통영지원 2018.08.29 2018가단22854

대여금

Text

1. The Defendant’s KRW 12,405,420 with respect to the Plaintiff and KRW 5% per annum from February 28, 2018 to August 29, 2018, and the following.

Reasons

The plaintiff sought a loan of KRW 20 million to the defendant, and the defendant asserts to the purport that he received money from the plaintiff for the payment of overdue wages to the plaintiff's workers.

In addition to the statement No. 1’s whole purport of the pleading, the Plaintiff may recognize the fact that around July 5, 2016, the Plaintiff remitted KRW 20 million to the Defendant’s account (hereinafter the above KRW 20 million).

On the other hand, in addition to the purport of the arguments in Eul evidence 1 through 4, the plaintiff is the actual representative of Eul Co., Ltd. (hereinafter "C"), ② the head of the Busan Regional Labor Management Office fails to pay KRW 63,907,300 to D workers on September 22, 2016, and C delayed payment of wages, and C shall pay wages to D workers jointly with D as a direct contractor under Article 44 of the Labor Standards Act. ③ According to the above written confirmation, C shall jointly and severally pay KRW 1,560,00, KRW 2,363,550, KRW 3,80, KRW 874,00, KRW 200, KRW 200, KRW 400, KRW 268, KRW 2068, KRW 2068, KRW 206, KRW 360, KRW 200, KRW 500, KRW 263,50, KRW 201, KRW 368,5168,206.

In full view of the current status of C’s wages in arrears (17,901,800 won), the amount of remittance of this case, the time when the Defendant paid wages to workers and its amount (7,594,580 won), etc., the Defendant paid wages in lieu of C’s wages in arrears jointly and severally with D as C’s immediate contractor, and instead received the remittance amount.

However, the defendant paid to the workers.