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1. The defendant shall pay 24,00,000 won to the plaintiff and 15% per annum from June 9, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. Upon the Defendant’s request, the Plaintiff subrogated for KRW 30 million borrowed from the company previously employed by the Defendant.
B. On August 12, 2014, the Defendant, upon paying the Plaintiff KRW 6 million, prepared a loan certificate to the effect that the Plaintiff would repay the remainder of KRW 24 million, and issued it to the Plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the facts of recognition under paragraph (1), the Defendant is obligated to pay to the Plaintiff the amount of KRW 24 million and the damages for delay calculated by the rate of 15% per annum from June 9, 2016 to the day of full payment, which is the day following the delivery of the written complaint, to the day of full payment.
B. On this basis, the Defendant asserted that, in addition to the Defendant’s repayment of KRW 6 million to the Plaintiff, the Defendant repaid the Plaintiff’s debt amounting to KRW 24 million in the manner that the Defendant deducteds KRW 14 million from the monthly wage to June 15, 2015, the sum of KRW 1,000,000 per month from May 14, 2014 to June 15, 2015.
The plaintiff does not dispute the fact that the plaintiff company deducted a total of KRW 14 million from the wage as above from the defendant.
However, as of August 12, 2014, the date when the Defendant prepared and delivered the above 24 million won to the Plaintiff, which was the time when the Defendant had already deducted 1 million won from the payment of wages, the Defendant prepared and delivered the loan certificate without reflecting it. If the Plaintiff deducts the payment as above, then there is no reason to deduct 14 million won from the payment of the above 24 million won. The Plaintiff asserts that the above deduction is due to negligence while the Defendant newly constructed the construction work, and that the above deduction is claiming that the Plaintiff paid damages to the Plaintiff by negligence. In light of the above, the above deduction amount is the above 24 million won out of the above 24 million won debt owed by the Defendant to the Plaintiff.