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Reasons
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(영문) 광주지방법원 순천지원 2018.10.18 2017가단79513
대여금
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1. With respect to the Plaintiff KRW 98,000,000 and KRW 13,000 among them, the Defendant shall pay to the Plaintiff KRW 85,00,000.

Reasons

1. Basic facts

A. The plaintiff is a person engaged in telecommunications construction business, etc., and the defendant was an employee of the plaintiff.

B. The Defendant borrowed a total of KRW 13 million from the Plaintiff from June 12, 2008 to August 2, 2008 (hereinafter “the instant loan”). On the other hand, around 2009, the Defendant did not pay to the Plaintiff KRW 19 million for the progress payment for the construction project that the Plaintiff should receive.

Accordingly, on July 7, 2009, the defendant agreed to pay to the plaintiff the above loan amounting to KRW 13 million by September 30, 2009, the amount equivalent to the above payment for the completed portion shall be KRW 19 million by September 30, 2009 (hereinafter "the first agreement"), and prepared and issued a certificate of borrowing the same contents.

C. Meanwhile, on September 4, 2008, the Defendant arbitrarily used the amount of KRW 66 million which the Plaintiff should receive, and accordingly, on July 7, 2009, paid to the Plaintiff KRW 33 million each by the Defendant and C, and the Defendant paid to the Plaintiff the amount of KRW 5 million on July 30, 2009 and KRW 5 million on August 30, 2009 and KRW 23 million on September 30, 2009 and KRW 3 million on September 30, 2009, and C paid to the same amount as the Defendant on the day following each of the above dates. If the Plaintiff did not first pay the said amount, C is not obligated to pay the full liability of the Defendant, and the Defendant did not pay the amount as stipulated in the above agreement to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts acknowledged prior to the determination on the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff a total of KRW 98 million (= KRW 13 million per KRW 19 million per KRW 66 million) and damages for delay from the day following each due date of payment for the instant agreements, barring any special circumstance.

B. First of all, the judgment on the defense of this case is 13 million won to the plaintiff.

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