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(영문) 서울남부지방법원 2017.07.14 2017나52625
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. On April 12, 2013, the Plaintiff lent 10 million won interest to the Defendant at 3% per month, and the same year.

5. 14. Interest was changed to 2% per month, and thereafter the balance of the principal and interest of the loan remaining as of March 15, 2015 is KRW 2,275,423.

B. As a construction daily worker, the Plaintiff provided labor for a total of five days on October 7, 2013 at a construction site where the Defendant had a person in charge of wage payment (the well-known “the well-known place”). The Plaintiff was unable to receive KRW 50,000,000 for the five-day wage (1.1 billion per day) from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the interest calculated at the rate of 24% per annum under the agreement between March 16, 2015 and the date of full payment, as regards the remainder of the loan and the amount of the unpaid wage (the amount of KRW 2,275,423 plus KRW 550,000) and the balance of the loan amount of KRW 2,275,423, barring special circumstances, to the Plaintiff, the interest calculated at the rate of 24% per annum from March 16, 2015 to the date of full payment, and the unpaid wage of KRW 550,00,00 at the Plaintiff’s request.

B. The defendant's argument regarding the plaintiff's claim is asserted that the plaintiff's claim for the loan was fully repaid 600,000 won with interest rate of 3 months and the remaining interest rate of 600,000 won was agreed to be exempted from the plaintiff's obligation. The plaintiff's wage claim for the plaintiff's wage is paid within one week each time the plaintiff works, and there is no unpaid wage. However, the evidence submitted by the defendant alone is insufficient to acknowledge the above argument, and there is no other evidence to acknowledge it. Thus, the defendant's argument

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