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(영문) 서울남부지방법원 2015.01.21 2014가단23243

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From October 2013 to January 2014, employees C et al. provided labor at the D Apartment Construction Site, E Commercial Complex Construction Site, etc. subcontracted by the Defendant, but did not receive wages from the Plaintiff, and paid wages directly from the Plaintiff. The aggregate amount is KRW 3,854,00.

B. On January 2014, the Plaintiff paid KRW 11.5 million to F and G who supplied the Defendant’s paint at the construction site on behalf of the Plaintiff.

C. As above, the construction site where the Plaintiff paid wages and paints on behalf of the Defendant is a construction site awarded by the Defendant, but in fact, the Defendant’s auditor H was a site awarded by the Defendant, and the employees’ work instruction and on-site management were assigned H.

H, in addition to the above construction site, has been holding the name of the defendant director and has been allowing the construction work under the name of the defendant.

E. Meanwhile, on January 15, 2014, the Plaintiff was established and registered as a representative director, H, and J respectively as an intra-company director, respectively, and the Plaintiff and J own 50% each of the shares issued.

F. Around the date of the establishment of the above I, H changed the name of the contractor for the Hanam-si Underground Parking Lot Pool Corporation, which was ordered by the Defendant from the existing U.S. Co., Ltd. (hereinafter “N.”), to I. He then transferred the construction price to the I’s account at H’s request. I also issued a tax invoice of KRW 2860,000,000 in total on January 29, 2014 and claimed the construction price to the I’s account.

G. On December 15, 2013, H drafted a contract form in the name of H, giving an order for the cream dump cleaning construction work (7700,000 won for construction work) among the construction works of L apartment parking lots from the East River.

(h) 1,6170,000 won and detailed details of the construction cost that I received from the forest lectures are as follows:

On January 29, 2014, 3300,000.