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1. As to the Plaintiff KRW 23,427,340 and KRW 13,202,340 among them, the Defendant shall pay to the Plaintiff KRW 10,225,00 from December 23, 2014.
Reasons
1. Basic facts
A. The Defendant is a person engaged in construction of a panel and steel frame with the trade name of “C”, and the Plaintiff is from March 12, 2013 to the same year at the above workplace.
6. A person who had worked as an employee until July 6.
B. During the foregoing period from March 12, 2013 to March 27, 2013, the Plaintiff provided labor for 8.5 days in total at the construction sites of the Daegu and Seo-gu Factory D and the Gu-Si E-si. From March 28, 2013 to June 7, 2013, the Plaintiff provided labor for 62.5 days in total at the construction sites of Suwon City F during the period from March 28, 2013 to June 7, 2013.
C. The Plaintiff’s total claim against the Defendant by August 27, 2012 is KRW 25 million as indicated below.
① The unpaid wage of KRW 3 million until April 30, 2012; ② the loans of KRW 3 million on May 31, 2012; ③ the loans of KRW 14 million on June 19, 2012; ④ the loans of KRW 1.5 million on August 15, 2012; ⑤ the loans of KRW 1.5 million on August 27, 2012; and ⑤ the work related to G elevator 3.5 million on August 27, 2012.
D. On March 22, 2013, the Plaintiff lent KRW 20 million to the Defendant, KRW 3 million on April 8, 2013, KRW 500,000 on April 21, 2013, KRW 200,000 on April 23, 2013, KRW 200,000 on April 23, 2013, and KRW 9 million on May 3, 2013.
E. The Defendant paid to the Plaintiff KRW 5 million on December 14, 2012, KRW 5 million on May 3, 2013, KRW 5 million on May 15, 2013, KRW 5 million on May 15, 2013, KRW 5 million on June 11, 2013, KRW 5 million on August 3, 2013, KRW 28 million on October 10, 2013, and KRW 3 million on October 10, 2013.
[Ground of recognition] Unsatisfy, Gap evidence 2, 3, Gap evidence 5, 6 (including paper numbers; hereinafter the same shall apply), Eul evidence 1, witness H's testimony, the purport of the whole pleadings
2. The assertion and judgment
A. Determination on the cause of a claim 1) There is no dispute between the parties that the Plaintiff had a claim amounting to KRW 34 million against the Defendant, as set out in paragraphs (a) and (d). Furthermore, the following circumstances, which can be acknowledged by comprehensively taking into account the evidence Nos. 2, 5-2, 10, and 11, and the witness H’s testimony, are as follows: (i) Membook prepared by the Plaintiff with respect to a monetary transaction with the Defendant (the above 34 million won out of the evidence No. 2).