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(영문) 대구지방법원 2019.07.03 2019나744
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff worked at the construction site of the Defendant’s head of the site, and disbursed the site labor expenses, food expenses, material expenses, oil expenses, etc. necessary for the field management from April 18, 2017 to September 28, 2017 at the Plaintiff’s expense for the Defendant.

B. The Plaintiff was partly paid from the Defendant, but did not receive the remainder of KRW 10,638,670.

[Grounds for Recognition: Facts without dispute, entries in Gap1 through 13 (including each number), the purport of the whole pleadings]

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 10,638,670, and damages for delay calculated at the rate of 15% per annum from June 19, 2018 to the day of full payment, which is the day following the delivery date of the original original copy of the instant payment order.

In this regard, the defendant asserts that the plaintiff filed a claim of this case by asserting that he had paid the expenses without submitting concrete evidentiary materials, even though he/she immediately paid the expenses when he/she was employed as the defendant's site manager.

On the other hand, there is no evidence to acknowledge the defendant's above assertion, and rather, according to the statement No. 6-2 of the evidence No. 6-2, C, working at the defendant's office, submitted a statement of on-site expenditure, receipt, etc. to himself/herself, reported to the defendant's approval, and submitted a statement that accounts payable are KRW 10,638,670.

Therefore, the defendant's above assertion is without merit.

3. The plaintiff's claim should be accepted as reasonable.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.

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