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(영문) 서울고등법원 2016.05.10 2015나13814

대여금 등

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant, along with D, has performed the new construction of the building at the construction site of Shindong-dong, Yangyang-dong, and Bupyeong-gu Seoul Metropolitan Government (hereinafter referred to as the “instant construction site”), including that the Defendant performed the new construction of the officetel in Yeongdeungpo-gu, Seoul Metropolitan Government (hereinafter referred to as the “Yanpo-dong, Shin Dong-dong, Yangyang-gu, and Yang Pyeong-gu”). The Defendant was in charge of the construction site of the building site of the construction site of the construction site of the construction site of the construction site of the construction site

B. From April 22, 2013, upon the request of the Defendant and D (hereinafter “Defendant, etc.”) from around April 2, 2013, the Plaintiff carried out a wood hole and field cleaning work by mobilization of the parts of the Defendant, etc. at the construction site of this case. The Plaintiff carried out the work by means of receiving the wages of the parts mobilized at the construction site of this case from the Defendant, etc., and dividing them to the said parts.

C. On the other hand, the joint Plaintiff A, from April 23, 2013, lent money to the Defendant, etc. from around the instant construction site to transfer the money to the employees on behalf of the Defendant, etc., and thereafter, he/she performed his/her duties in a way that he/she additionally pays 10% interest to the employees. On the other hand, the Defendant, etc. drafted a loan certificate with the following contents to A around May 2013.

The name C (unauthorized) C, D, and the above B are responsible for the loan certificate.

Name D (Unauthorized) In addition to 10% of the amount of money remitted to the account in the future of F, G, H, I, and J among the wages of workers working at the construction site operated by the above two persons, a commitment to approve liability within 30 days from the date of remittance.

All legal responsibilities in the event of default.

A (person) The 2013 May 2013 / 2013 / [based on recognition] without dispute, each entry of Gap evidence 1, 6, and 9 (including serial numbers; hereinafter the same shall apply), the examination result of the defendant himself/herself, the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The plaintiff alleged by the parties 1 is the defendant.