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(영문) 수원지방법원 2018.01.10 2016가단536592

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 12, 2013, the Defendant contracted the construction cost of KRW 519,00,000 (excluding value-added tax) with the construction cost of KRW 519,00,000 (excluding value-added tax) and the construction period from June 25, 2013 to October 30, 2013. On November 10, 2013, the construction work for the building of the instant commercial building (hereinafter referred to as the “new construction work for the instant commercial building”). The construction work for the building of the instant commercial building is called together with the new construction of the instant commercial building. The Defendant was awarded a contract with the construction cost of KRW 400,00,00 (a separate construction period) and the construction period from November 30, 2013 to October 1, 2014.

B. The Plaintiff agreed to receive the monthly salary of KRW 4,00,000 from the Defendant, and served as the head of each construction site of this case from June 10, 2013 to October 2014.

C. The Plaintiff and the Defendant received money several times from May 9, 2013 to August 1, 2014, as indicated in the separate sheet (A) and (b) column.

On November 10, 2014, the Plaintiff and the Defendant drafted a written agreement (hereinafter “instant agreement”) with the following contents:

Content: 15,000,000 won agreement for embezzlement of the D Reinforcement price: D 15,000,000 won out of the price for the new construction works (the construction works of the instant electric source house) shall be withdrawn by the on-site Director A (Plaintiff) for the proceeds embezzled and used by the on-site Director, and KRW 15,000,000 shall be received from H, and the withdrawal of the complaint shall be agreed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 6 through 8, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1: (a) the Defendant paid KRW 40,000,000 out of the total amount of ten-month wages from June 2013 to March 2014; (b) paid KRW 10,000,000 among them on March 2014; and (c) the remainder of the benefits have not been paid up to now. As such, the Defendant sought payment.