채무부존재확인
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff worked in Defendant C Co., Ltd. (hereinafter “Defendant C”) from September 2013 to July 2016, and Defendant B is the representative director of Defendant C, and Defendant C is a company that operates construction business, etc.
B. As to the part of the construction ordered by Defendant B and Defendant C, the Plaintiff entered into an agreement with the Plaintiff to have the remaining money after deducting the amount equivalent to the amount set as Defendant C’s profit from the agreed construction cost as to the part of the construction ordered by Defendant C and managing the relevant construction directly, and the cost reduced when the construction cost was reduced by the Plaintiff’s efforts.
In accordance with the above agreement, the Plaintiff directly carried out and managed at least 10 construction works among those ordered by Defendant C.
C. Meanwhile, Defendant B continuously demanded compensation to the Plaintiff on the ground that the Plaintiff sustained a large amount of damages to the Defendants during the construction process as above. Accordingly, around June 2016, the Plaintiff prepared a letter of commitment stating that “the Plaintiff may incur monetary damages of KRW 500,000,000 to Defendant B, and the Plaintiff shall pay KRW 40,000,000 to Defendant B as principal installment repayment method, and shall pay the full amount of the remaining money on October 1, 2020 (hereinafter “instant letter of commitment”), and then delivered it to Defendant B again on June 16, 2016, “the Plaintiff will receive credit loans of KRW 500,000,000 from Defendant C, and even if it did not pay by June 22, 2016, each of the following measures shall be complied with” (hereinafter “instant letter of commitment”).
In addition, on June 2016, the Plaintiff drafted a loan certificate stating that “the Plaintiff borrowed KRW 600,000,000 from Defendant C, from June 10, 2016 to October 10, 2020, the Plaintiff paid KRW 11,50,000 per month, and the interest rate on the payment of the due date shall be 5% per annum” (hereinafter “the loan certificate”).