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1. The Defendant shall pay to the Plaintiff KRW 195,273,00 and the interest rate of KRW 15% per annum from November 7, 2015 to the date of full payment.
Reasons
1. The pertinent Plaintiff is a person who manufactures and sells female bags, etc. while operating a store in the name of “C” (the trade name in the business registration certificate is “D”; hereinafter “instant store”).
Although the Defendant did not establish an explicit labor contract relationship, it was a person who handled the spOS terminal of the instant store from April 1, 2013 to July 23, 2014 while dealing with the spOS terminal of the instant store from around April 1, 2013, and was in charge of the sales of goods, such as bags, and the storage of sales proceeds.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. Determination as to loan claims
(a) Determination 1 on the cause of the claim 1) The following facts do not conflict between the parties, or evidence A(including the serial number; hereinafter the same shall apply) of subparagraphs 2 through 5:
(2) On May 24, 2014, the Plaintiff loaned KRW 50 million to the Defendant on May 30, 2013 without interest. ② On February 7, 2014, the Plaintiff lent the amount of KRW 830,000 to the Defendant by means of settling the Defendant’s exercise price instead of determining the interest or the due date. ③ On February 10, 2014, the Plaintiff lent the amount of KRW 5 million to the Defendant by means of settling the Defendant’s temporary payment instead of determining the interest or the due date. ④ On February 24, 2014, the Plaintiff lent the amount of KRW 3150,00 to the Defendant without determining the due date for payment or the due date for payment on behalf of the Defendant. Meanwhile, the Plaintiff received KRW 320,000 from the Defendant by means of settling the Defendant’s clothes value on behalf of the Defendant.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 58.98 million (= KRW 8.3 million) plus KRW 32 million, which was repaid as above, to the Plaintiff, 2,698,000,000,000,000 won (i.e., KRW 5., KRW 8.5 million).
B. On September 21, 2013, the Defendant’s defense of performance 1 as to the Defendant’s defense is not only KRW 32 million that the Plaintiff had received but also KRW 5 million.