logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2018.10.16 2016가단100605
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 4, 2016 to October 16, 2018.

Reasons

1. On December 1, 2014, the Plaintiff paid the Defendant KRW 50,000,000 in total, and KRW 50,000,000,000,00 on January 2, 2015, as the expense for job referral, and directly received the introduction of the Defendant as the Defendant’s introduction on January 2, 2015, as the Defendant’s introduction of employment.

Until May 2015, the Plaintiff drafted a cash custody certificate stating that “if the employment recommendation was not made by June 28, 2015, the Plaintiff shall return KRW 50,000,000 to the Plaintiff until June 30, 2015,” and that “if the employment recommendation was not made by June 28, 2015, the Plaintiff shall return the said KRW 50,000 until June 30, 2015.”

On July 31, 2015, the Defendant, even by the above deadline, did not offer employment recommendation to the Plaintiff, and on which July 31, 2015, the Defendant returned KRW 35,000,000 out of the above KRW 50,000 to the Plaintiff, and prepared a cash custody certificate stating that “The money shall be returned during August 2015” (hereinafter referred to as “the cash custody certificate of this case”).

On the other hand, C paid to the Plaintiff KRW 14,00,000 on July 17, 2015, KRW 5,000,000 on August 13, 2015, KRW 1,000,000 on August 21, 2015, and KRW 3,500,000 on March 9, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff 15,000,000 won as well as damages for delay at the rate of 15% per annum under the Civil Act from March 4, 2016 to October 16, 2018, which is the day following the delivery date of the complaint of this case, as the plaintiff seeks, according to the statement of cash custody of this case, according to the records of this case, unless there are special circumstances.

(2) As to the above, the Defendant receives a total of KRW 14,00,000,000 from C as above, and thereby, receives the instant cash custody certificate KRW 15,00,000.

arrow