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(영문) 서울중앙지방법원 2020.08.12 2019가단5107800
대여금
Text

1. As to Defendant B’s KRW 25,977,040 and KRW 1,544,670 among them, Defendant B’s KRW 9,432,370 from September 8, 2017.

Reasons

1. Basic facts

A. The agreement on the payment of automobile rent and the Plaintiff’s substitute payment made between Defendant B and C at the request of the Plaintiff on June 30, 2016 and E Co., Ltd. (hereinafter “E”), and on September 5, 2016, each car lease agreement was concluded with F Co., Ltd. (hereinafter “F”), and Defendant C and B used each car leased. The said Defendants agreed to pay the Plaintiff rent for each car.

Then, the Plaintiff returned each of the above automobiles to E and F due to the Defendants’ failure to pay the lease fees. The lease fees and remainder of the vehicle that the Plaintiff paid to F due to Defendant B’s failure to pay is KRW 1,54,670 as of September 8, 2017 and KRW 9,432,370 as of October 11, 2018, and the lease fees and remainder of the vehicle that the Plaintiff paid to E due to Defendant C’s failure to pay are KRW 2,073,910 as of August 25, 2017 and KRW 35,706,149 as of January 4, 2019.

B. The Plaintiff’s monetary loan to Defendant B was determined and lent between Defendant B and the amount of KRW 10 million on October 26, 2016, and KRW 5 million on October 27, 2016, and KRW 15 million on a monthly basis.

Defendant B paid only interest to the Plaintiff until May 30, 2017, and thereafter, Defendant B did not pay the principal and interest of the above loan.

C. On January 19, 2016, Defendant D’s failure to pay wages to the Plaintiff, etc., the Plaintiff was employed to receive KRW 3,868,00 monthly wages from Defendant D Co., Ltd. (hereinafter “Defendant D”). Defendant D did not pay wages to the Plaintiff from September 2016 to October 2017.

Accordingly, the Plaintiff filed a petition with the Ministry of Employment and Labor for Defendant B and C, and between the Plaintiff, Defendant D, and Defendant D, on January 12, 2018, paid to the Plaintiff KRW 34 million, adjusted as wages in arrears, and KRW 5 million, until January 31, 2018, and KRW 5 million until March 31, 2018, until March 31, 2018, and KRW 5 million until May 31, 2018, KRW 5 million until July 31, 2018, and KRW 5 million until September 30, 2018, and KRW 5 million until September 30, 2018.

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