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1. As to KRW 67,600,000 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff the year from April 1, 2018 to September 11, 2019.
Reasons
1. The party's assertion and judgment
A. The Plaintiff’s assertion 1) around January 2018, the Plaintiff loaned KRW 50 million to the Defendant with the due date set as February 28, 2018. Moreover, the Plaintiff, the operator of the human resources company, from August 2017 to September 201 of the same year, is the Defendant or C Co., Ltd. (hereinafter “Nonindicted Company”).
(2) Around February 28, 2018, the Defendant provided human resources at the construction site of the Leecheon Logistics Center and did not receive a reasonable amount of KRW 17.6 million. After that, the Defendant agreed to pay the Plaintiff the above loan amount of KRW 50 million and KRW 17.6 million, which is equivalent to the wage, until March 31, 2018, and to pay KRW 5 million per month as interest or delay damages on the loan amount of KRW 50 million. Therefore, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 50 million and KRW 17.6 million equivalent to the wage, and interest or delay damages on the loan amount of KRW 67.6 million at the construction site.2) The Defendant’s assertion that the Defendant borrowed the above manpower from the Plaintiff at the construction site, and the Defendant received KRW 50 million from the Plaintiff and KRW 50 million from the above Plaintiff, and the Defendant did not receive the above manpower at the construction site of KRW 1,500,000,00.
On February 28, 2018, the Defendant drafted a loan certificate (Evidence A 1) stating that “the non-party company will pay the Plaintiff, by March 31, 2018, the debt and wage equivalent to the above loan” as the representative director of the non-party company’s representative director.
Therefore, the Defendant did not have the obligation to pay the Plaintiff the above loan obligation and the equivalent wage.
B. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Plaintiff transferred KRW 50 million to the Defendant’s account under the Defendant’s name on February 1, 2018, and the Defendant promised on February 28, 2018 to the Plaintiff on February 28, 2018, but agreed on February 28, 2018:
1. The payment of 50 million won borrowed by March 31, 2018 shall be made in default and shall be made on or before February 31.