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1. The Defendant’s KRW 18,050,00 for the Plaintiff and 5% per annum from May 29, 2015 to April 29, 2016.
Reasons
1. The plaintiff asserted that he lent KRW 17,000,000 to the defendant in relation to C Corporation.
In addition, the Defendant said that the Plaintiff would be paid KRW 3,00,000 per month as wages when working at the above construction site, and the Plaintiff was working at the above site from August 2, 2013 to November 2, 2013.
Therefore, the defendant has a duty to pay to the plaintiff a sum of KRW 26,000,000 (amounting to KRW 17,000,000).
2. Determination
A. Comprehensively taking account of the overall purport of the pleadings as to the statement No. 1 of the judgment on the loan claim No. 1, the Defendant received and supplied C Corporation, and the Defendant borrowed a total of KRW 17,000,000 from the Plaintiff from August 2, 2013 to August 14, 2013 due to the shortage of funds, and agreed to return the loan at the time of the completion of the construction at the time of borrowing, and the fact that the said construction was interrupted in violation of the Forestry Act on November 201, 2013 can be acknowledged.
Therefore, it is reasonable to deem that the period for repayment of the loan has arrived at around April 17, 2015, since the above construction was not completed within a considerable period of time, at least the instant lawsuit was filed. Therefore, the Defendant is obliged to return the loan amounting to KRW 17,00,000 to the Plaintiff.
B. It is insufficient to recognize that the Defendant agreed to give the Plaintiff the monthly wage of KRW 3,000,000 on the basis of the evidence No. 2 of the judgment on the claim for wages by itself, which is written at the construction site of the above C, and there is no other evidence to prove otherwise.
However, even if the above agreement is not acknowledged, the plaintiff seeks 4,50,000 won per day calculated as 150,000 won and calculated as 150,000 won per day on the above site for 30 days. The plaintiff's daily wage is 150,000 won and there is no dispute between the parties, and there is no evidence to prove that the plaintiff had worked for 30 days at the above construction site, and the defendant is a person who has worked for 30 days, so the defendant is liable to pay to the plaintiff at least 1,050,000 won (150,000 won x 7 days) as wages.
C. Therefore, the defendant shall make a total of 18,050 to the plaintiff.