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1. Defendant C shall pay to the Plaintiff KRW 23,985,00 and the interest rate of KRW 15% per annum from January 11, 2017 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a person who operates a company that supplies human resources at the construction site with the trade name of “D”, and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a construction company that, around April 2016, received from Nonparty C from Nonparty D Co., Ltd. (hereinafter “instant construction company”). Defendant C is the field agent of the instant construction company as a director of Defendant B.
B. On May 10, 2016, the Plaintiff supplied human resources at the construction site of this case and paid wages to the human father. After receiving KRW 35,000,000 from Defendant B as human resources price, the Plaintiff transferred KRW 20,000,000 to Defendant C at Defendant C’s request. On June 13, 2016, the Plaintiff received KRW 30,000,000 under the same name from Defendant B and transferred KRW 20,000 to Defendant C on the same day.
C. On September 3, 2016, Defendant C drafted a payment memorandum stating that “The amount of KRW 23,985,000,000 of the unpaid wage shall be paid to the Plaintiff, but the remainder of KRW 15,985,00 shall be paid until September 9, 2016, and the remainder of KRW 15,985,00 shall be paid until October 26, 2016” (hereinafter “each of the instant notes”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. According to the facts of the above recognition of the claim against Defendant C, Defendant C is obligated to pay to the Plaintiff KRW 23,985,000 and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 11, 2017 to the date of full payment, as sought by the Plaintiff, after the date of payment for the said KRW 23,985,00, pursuant to the letter of this case.
3. Claim against the defendant B
A. The Plaintiff asserted by the parties, from March 25, 2016 to August 1, 2016, supplied human parts to the construction site of this case, and received KRW 23,985,00, out of the personnel expenses. As such, Defendant B and Defendant C jointly agreed with Defendant C, the said unpaid personnel expenses and damages for delay.