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(영문) 서울남부지방법원 2015.06.25 2014나13001
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

Reasons

1. The Plaintiff asserted on January 25, 2014 by the Plaintiff: (a) the Nonparty Company C (hereinafter “Nonindicted Company”); (b) the Plaintiff was obligated to pay the Plaintiff the amount of KRW 19,154,720 ( KRW 4 million + KRW 15,154,720); (c) the amount of the Defendant’s wage payable to the Defendant was transferred to the Nonparty Company’s claim for the indemnity amount of KRW 15,154,720, the amount of the Defendant’s wage that the Nonparty Company paid on behalf of the Defendant was transferred to the Defendant; and (d) the Nonparty Company notified the Defendant of the assignment of the claim; and (e) the Nonparty Company was obligated to pay the Plaintiff the amount of KRW 19,154,720 ( KRW 4 million + KRW 15,154,720) and damages for delay.

2. Determination

A. On December 15, 2009, the Plaintiff asserted that the non-party company borrowed KRW 10 million to the Defendant with the maturity of one year fixed on December 15, 2009, and as evidence that seems consistent therewith, there is evidence No. 3 (Supplementary evidence).

However, in full view of the statement No. 2 and the whole purport of the argument by the court of first instance, the defendant, among D Primary Complex Construction, signed the above loan without any choice in order to collect wages, and ② in addition, in the course of the defendant company's receipt of wages at the request of the non-party company, the non-party company, including the defendant, appeared as its representative at the time of the investigation into the above case, and did not claim for the above loan, while the non-party company appeared as its representative at the time of the investigation into the above case and did not claim for the above loan.

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