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(영문) 서울남부지방법원 2017.10.24 2016가단20217
대여금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. The defendant is the actual president of Yeongdeungpo-gu Seoul Metropolitan Government Corporation C and 714 (the trade name before the change: E corporation; hereinafter "the company of this case").

B. From January 2015 to May 12, 2016, the Plaintiff served in the instant company.

Upon the request of the Defendant, the Plaintiff was the nominal representative director of the instant company from April 22, 2015 to May 12, 2016.

C. While serving in the instant company, the Plaintiff received KRW 1,500,000 from the Defendant’s share of KRW 1,50,000 as a pre-paid expense on February 2, 2015, the wages in arrears amounted to KRW 35,00,00.

In the absence of the ability to repay, the Defendant borrowed total of KRW 98,252,80 from January 13, 2015 to February 5, 2016, and paid KRW 4,00,000 (i.e., KRW 98,252,80,000) and paid the principal of KRW 94,252,80 (i.e., KRW 98,252,800 - KRW 4,000) and interest KRW 7,860,000 accrued until April 30, 2016.

E. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 137,12,80 in total of the principal and interest on wages and loans (=interest of KRW 94,252,800 in total) and KRW 129,252,80 in total of KRW 35,000 in total and KRW 94,252,80 in total and KRW 129,252,800 in total (=income of KRW 35,000 in total and KRW 94,252,80 in total).

2. The plaintiff alleged that the company of this case was working in the company of this case and was not paid KRW 35,00,000,000. Thus, even if the plaintiff's assertion was recognized, the person liable to pay the unpaid wage is the company of this case unless there are special circumstances. There is no evidence to find otherwise that the defendant is liable to pay the unpaid wage claimed by the plaintiff to the plaintiff.

The plaintiff's claim for wages is groundless.

3. The Plaintiff asserts that during the period from January 13, 2015 to February 5, 2016, the Plaintiff leased a total of KRW 98,252,80 to the Defendant, and that the Plaintiff did not receive the principal amount of KRW 94,252,80 and interest KRW 7,860,000 accrued until April 30, 2016.

Therefore, the Plaintiff.

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