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(영문) 대구지방법원 2015.01.13 2013가단56928
대여금
Text

1. Defendant B and C shall jointly and severally serve as the Plaintiff KRW 42,048,513 and as to the amount, from January 21, 2014 to January 13, 2015.

Reasons

1. Facts recognized;

A. Defendant C is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and Defendant D is the spouse of Defendant C and is registered as the inside director of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

B. From May 17, 2011 to July 25, 2012, the Plaintiff served as a field manager of the Defendant Company. In managing the Defendant Company’s construction site, the Plaintiff first disbursed the necessary expenses, and subsequently disbursed the Plaintiff’s money to be paid later from the Defendant Company, and then paid KRW 33,405,154 out of the paid expenses.

C. In addition, the Plaintiff lent KRW 10 million to the Defendant Company. On September 7, 2011, the Plaintiff transferred KRW 8,132,751 to the Defendant Company’s account, KRW 5,50 to the Jym&C’s account, KRW 8,132,751, and KRW 5,016,550 to G. On April 16, 2012, the Plaintiff paid KRW 1,200,000 for personnel expenses of civil engineering works on April 16, 2012 and KRW 5,60,000 for the equipment cost of civil engineering works on May 2, 2012, and lent KRW 240,909,301 to the Defendant Company.

Meanwhile, the Plaintiff did not receive the total of KRW 8,253,720 from the Defendant Company for the amount of wages and retirement allowances for April 201 through 7.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-1 through 3, 3 through 5, 7, Eul evidence 3-1 through 3, and the purport of the whole pleadings

2. Determination as to the claim against the defendant company

A. (1) According to the facts of recognition of the obligation to pay loans and overdue wages, etc., the Defendant Company is obligated to pay the Plaintiff the above loans 24,909,301 won, the overdue wages and retirement pay 8,253,720 won, and delay damages therefor.

(2) (A) The Plaintiff’s assertion made a decision on the claim for reimbursement of expenses (A) as shown in the attached Form H Construction Details (hereinafter “attached Form 1”), the attached Form I Installation Details (hereinafter “attached Form 2”), and the attached Form J Construction Details (hereinafter “attached Form 3”).

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