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(영문) 서울남부지방법원 2016.04.01 2015가단53326
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 1, 2008, the Plaintiff’s husband C joined D Co., Ltd. as executive director, and had the representative director E enter into a labor supply contract with the FF upon recommendation of the Defendant’s sentence F.

Accordingly, F and its employees were to work at the new construction site of the Songdo Electric Power Complex, and the company was in arrears in paying wages from August 2008, and C lent a group of KRW 20 million to F so that F can pay wages to its employees, and the company was returned to the next month.

On September 10, 2008, upon C’s request, the Plaintiff received a loan from the Myspbook from the Defendant and remitted KRW 20 million to the Agricultural Cooperative Account in the name of the Defendant.

Since F was a bad credit holder, it entered into a labor supply contract with the above company in the name of the defendant, and received related wages with the agricultural bank account in the name of the defendant. The economic effect of the labor supply contract has the intention to vest in the defendant even if it belongs to himself, and the defendant also has the intention to assume the responsibility as a labor supplier in accordance with the labor supply contract.

Even when the Plaintiff deposited KRW 20 million into the Agricultural Cooperative account in the name of the Defendant on September 10, 2008, the Defendant was aware of the specific circumstances from F while working as the head of G Ban at the actual construction site, and it is reasonable to view that the Plaintiff consented, explicitly or implicitly, to the effect that the parties to the loan agreement of this case are the Plaintiff and the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff the above loan amounting to KRW 20 million and damages for delay.

2. According to the Plaintiff’s assertion, C was aware of the fact that F used the Agricultural Cooperative Account under the name of the Defendant and remitted money to F to F to lend KRW 20 million to its employees to pay wages. As such, C and F are the said amount of KRW 20 million as of September 10, 2008.

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