beta
(영문) 서울동부지방법원 2016.11.15 2015가단41863

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 30 million and the interest rate of KRW 15% per annum from November 3, 2015 to the date of complete payment.

Reasons

1. In full view of the purport of the arguments in Gap evidence Nos. 1 through 6 as to the assertion on the cause of the claim, the defendant prepared and delivered a letter of performance (the "statement of performance" of this case) to the defendant, on September 15, 2005, promising "C shall work as the head of the on-site responsibility office for the construction work of D and receive wages from C, and pay 30 million won to the defendant for his personal purpose without being aware of the on-site work." Upon delegation from the defendant on August 24, 2015, C supplemented supplemented the due date for the payment of the letter of performance of this case by stating it as December 31, 2006, and then transferred (hereinafter "transfer of claim of this case") claims based on the letter of performance of this case to the plaintiff on August 11, 2015, and the plaintiff sent to the defendant a letter of performance to the defendant on August 24, 2015, demanding the defendant to immediately transfer the assignment of claim of this case and immediately perform the content.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum from November 3, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint demanding payment by the plaintiff as the payment of KRW 30 million and the day of full payment.

2. Judgment on the defendant's assertion

A. The defendant's assertion did not have any personal use of wages while working as the site manager at C Construction Site. The defendant's written statement of execution of this case by coercion C director E and does not promises C to pay KRW 30 million.

In addition, the Defendant did not enter the date of repayment in the instant performance sheet, and the Plaintiff changed the instant performance sheet by arbitrarily stating the date of repayment.

Since the date of repayment is not specified in the statement of execution of this case, the claim in the statement of execution of this case is not specified on the date of repayment.