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(영문) 의정부지방법원 2016.05.13 2015가단14235
청구이의
Text

1. Certificates No. 1310, 2014, drawn up by the Defendant’s notary public against the Plaintiff on November 3, 2014.

Reasons

1. Basic facts

A. The Defendant worked for the Plaintiff from November 1, 2013 to April 14, 2015.

B. On November 3, 2014, the Notarial Deed of this case was drawn up at the request of the original defendant, and the important matters of the Notarial Deed of this case are as follows:

Article 1 (Purpose) The Defendant lent KRW 27.5 million to the Plaintiff on November 3, 2014, and the Plaintiff borrowed this.

Article 2 (Period and Method of Performance) The payment key shall be January 31, 2015.

Article 3 (Interest).

Article 5 (Compensation for Delay) When the plaintiff delays the repayment of principal or interest, the late payment damages shall be paid at the rate of % per annum for the delayed principal or interest.

C. The Plaintiff paid KRW 10 million to the Defendant on February 9, 2015, and KRW 27.5 million on March 27, 2015.

According to the “business owner’s confirmation document, such as delayed payment,” prepared by the head of the Central District Labor Agency as of November 16, 2015, the Defendant was unable to receive from the Plaintiff the monthly salary of February 2, 2014, KRW 2,700,000 for May 2, 2014, KRW 400,00 for monthly salary of January 4, 2015, KRW 400,00 for monthly salary of February 400,00 for February 2, 2015, KRW 3,100,000 for March 3, 2015, and KRW 1,446,60 for April 2, 2015, and KRW 4,513,80 for retirement allowances.

The 10th day of the following month.

(See preparatory documents dated June 25, 2015). E.

The plaintiff is the plaintiff who is not paying a monthly pay and retirement pay to the defendant.

(See legal brief dated June 19, 2015). 【Plaintiff’s ground for recognition” has no dispute, entry in evidence Nos. 2 and 5-3, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff's arguments are based on the facts.

The defendant asserts that he had expressed his intent to appropriate the money for the repayment of the execution bond of this case when he paid the money (hereinafter referred to as "each money of this case") to the defendant as stated in the subsection.

On the other hand, the plaintiff and the defendant shall pay interest to wage bonds, performance-based bonus bonds, wage bonds, and performance-based bonus bonds, and this case.

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