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(영문) 인천지방법원 부천지원 2018.11.22 2018가단114039
대여금
Text

1. Defendant C’s KRW 35,00,000 and its corresponding amount shall be 5% per annum from January 4, 2018 to August 24, 2018 and the next day.

Reasons

1. The part of the claim against the defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment made by deeming confession: Article 208 (3) 2 of the Civil Procedure Act;

2. Part of the claim against the defendant B

A. The Plaintiff’s assertion: (a) concluded a human resources supply contract with Defendant B; and (b) supplied human resources by nine workers, including D, from December 17, 2016 to January 6, 2017; but (c) did not receive KRW 35,00,000 from Defendant B.

Therefore, Defendant B is obligated to pay the above price and delay damages to the Plaintiff.

B. A person who received human resources from the Plaintiff’s assertion from Defendant C is not Defendant B, and Defendant B is merely a person who introduced the Plaintiff to Defendant C.

C. According to the judgment and conclusion conclusion, Gap evidence No. 2, the person who prepared to the plaintiff a letter of obligation to pay KRW 35,000,000 to the plaintiff is not the defendant Eul, and the evidence submitted by the plaintiff alone was concluded between the plaintiff and the defendant Eul as a contract or human resources supply contract with the plaintiff.

It is insufficient to recognize that Defendant B agreed to pay KRW 35,00,000 to the Plaintiff, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.

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