logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.04.05 2017가단207639
대여금
Text

1. The Defendant’s KRW 34,00,000 and the Plaintiff’s annual rate of KRW 6% from October 8, 2016 to January 16, 2017.

Reasons

1. Basic facts

A. On May 2015, the Plaintiff entered into a subcontract between the Plaintiff and the Defendant, as a company whose business objective is the creative and steel works, civil engineering construction works, etc., and subcontracted a part of the metal and steel works of “B” construction supplied by SK Construction Co., Ltd. to the Defendant.

(2) The Plaintiff and the Defendant concluded a subcontract with respect to each of the metal and steel works of the Corporation (hereinafter referred to as “C”), “D”, “E”, “D” and “E” (hereinafter referred to as “order”) before and after the said subcontract, entered into a written subcontract with respect to “D” and “B” and “E” respectively. However, the Plaintiff and the Defendant entered into a verbal agreement with respect to “D” and “E” and “E” without preparing a separate contract.

B. During the process of each of the above construction, the Plaintiff: (a) requested a provisional payment for the payment of wages from his employees; and (b) paid a portion of the subcontract price in advance.

In relation to this, the Defendant prepared and delivered to the Plaintiff a four-year loan certificate (total of KRW 34 million) containing the following contents:

The loan certificate as of July 15, 2015 - The loan certificate as of July 15, 2015 - The loan certificate as of September 15, 2015, the due date for repayment: No interest agreement as of September 15, 2015; the method of repayment: The loan certificate as of August 17, 2015 - the loan certificate as of August 17, 2015 - the due date: 10 million won: the loan certificate as of October 15, 2015 - the interest agreement as of October 20, 2015 - the loan certificate as of May 17, 2016 : The loan certificate as of May 17, 2016 - The loan certificate as of May 20, 2016 : The loan certificate as of May 17, 2016

C. On September 2016, the Defendant suspended construction without finishing “C” construction work, “D” construction work.

On October 6, 2016, the Plaintiff left the Defendant’s site without permission.

arrow