beta
Text
1. The defendant shall pay 3,600,000 won to the plaintiff and 20% per annum from November 3, 2013 to the day of complete payment.
Reasons
1. Determination as to loan claims
A. The Plaintiff asserted that, around 2012, the Plaintiff had money for the sale of a textile plant operated in Yangju-si, and around January 2013, the Plaintiff lent to the Defendant for repayment not exceeding KRW 30 million,00,000,000 to the Defendant, and the Defendant demanded the performance thereof, and received a loan certificate (Evidence A No. 1) from the Defendant on February 13, 2013, and the Defendant is liable to pay the Plaintiff the amount of KRW 30,000,000 and the delay damages, the Defendant asserted that: (a) the Defendant drafted the above loan certificate with the Plaintiff to receive the construction payment from the Defendant’s obligor D; and (b) the Defendant did not borrow money from the Plaintiff.
B. According to the reasoning of the judgment of the court below, it is reasonable to view that the Plaintiff borrowed KRW 30 million from the Defendant on February 13, 2013 to " February 13, 2013" as the Plaintiff lent KRW 30 million to the Defendant on May 30, 2013. However, there is no evidence to acknowledge that the Plaintiff lent KRW 30 million to the Defendant on January 13, 2013. Further, the above loan certificate is likely to have been prepared as repayment intention for the loan on February 13, 2013, as alleged by the Defendant, as it appears that the above loan certificate alone was prepared for another purpose, and there is no evidence to support that the Plaintiff borrowed KRW 30 million to the Defendant on January 13, 2013.
2. Determination as to the claim for wages
A. There is no dispute between the parties, or comprehensively taking account of the overall purport of the arguments in the evidence Nos. 2 and 4, it can be acknowledged that the Plaintiff worked at the money company operated by the Defendant from August 2013 to October 19, 2013 for two months, and that the Defendant ordered the Plaintiff to pay the monthly wage of two million won.