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(영문) 창원지방법원진주지원 2016.11.03 2015가단10185

선급금반환

Text

The defendant shall pay to the plaintiff KRW 28,534,100 and shall pay to the plaintiff a copy of the complaint of this case from the next day.

Reasons

Basic Facts

The plaintiff is the owner of C, and the defendant is a person who goes on board C and provides labor.

On April 19, 2007, the Defendant entered into a boarding contract (hereinafter “instant contract”) with the Plaintiff on the following terms and conditions.

27,122,00 won

1. The above amount shall be on board C from April 19, 2007 to May 31, 2008, in return for promising the above amount to be on board without interruptions in operation at the direction of the shipowner and the master, from April 19, 2007 to May 31, 2008. omitted 2.

3. At the expiration of the contract period, the balance of the boarding contract should be paid in full immediately to the owner at the time of the settlement of shares, and it should not be allowed to board another vessel without full payment of the balance of the settlement of boarding contract.

5. On April 19, 2007, the Defendant received advance payment of KRW 27,122,00 and KRW 4,550,000 in total from the Plaintiff on August 16, 2007 (hereinafter “instant advance payment”).

[Ground of recognition] Facts without dispute, Gap's 1, 2, and 4 (including a provisional number; hereinafter the same shall apply), and the plaintiff's assertion of the parties to the purport of the whole pleadings, the defendant received advance payment, etc. from the plaintiff on August 16, 2007 and worked in C, while leaving the land without permission on September 27, 2007, which was before May 31, 2008, thereby hindering Eul's operation, and did not return the advance payment, etc.

Therefore, the Defendant is obliged to settle the share of KRW 3,137,90 to the Defendant after CM and pay the remaining KRW 28,534,100 (i.e., the instant advance payment - KRW 31,672,00 - the settlement amount of KRW 3,137,90) and damages for delay.

The defendant's assertion did not receive the rate of KRW 4,00,000 from the plaintiff as a monthly wage of KRW 4,00,000, which is agreed to receive from the plaintiff for one year and six months.

The monthly wage that the defendant did not receive during the above period exceeds the plaintiff's claim amount of KRW 72,00,000,000 in total, so the defendant does not have to give to the plaintiff.

In addition, the instant advance payment, etc. is a wage claim, and short-term extinctive prescription.