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1. Defendant D limited liability company: (a) KRW 10,200,000 and 6% per annum from April 16, 2015 to August 13, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. Defendant C, whose representative director is Nonparty E, established and substantially operated Defendant D for the purpose of retail business, construction machinery rental business, transportation business, etc., Defendant C operated a business entity that borrowed the name of Defendant B, a pro-friendly Defendant B, and Defendant D is the same business entity that actually employs the same employees in the same office as F.
Defendant B is currently a director of Defendant D.
B. Meanwhile, from January 2012 to December 2012, 2012, the Plaintiff served as an employee in Defendant D’s office.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 6, witness E's testimony, purpose of whole pleading
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion and determination on the instant truck No. 1) If the Plaintiff, Defendant C, and B purchased dump truck at KRW 86,236,445 on or around October 201, and delivered it to F operated by Defendant C and B, the Plaintiff shall be paid KRW 1,70,000 per month as interest, and the principal amount of KRW 86,236,445 on or after the expiration of dump truck. The Plaintiff agreed to pay the dump truck on November 16, 201 (hereinafter “instant 1 truck”).
(1) Upon Defendant B’s request, Defendant C and B purchased KRW 86,236,445 and delivered the instant truck to F. Upon Defendant B’s request, the ownership of the instant truck was transferred on June 11, 2012 to Defendant D. However, Defendant C and B agreed to jointly acquire the instant truck purchase cost and the instant truck purchase cost, KRW 1,70,000, which Defendant C and B owes to the Plaintiff according to the agreement. Accordingly, Defendant C and B were contractual parties, and Defendant D were jointly and severally and severally liable to assume the Plaintiff’s 86,236,445 won and KRW 62,90,000,000 for total 37 months from December 12, 2011 to December 12, 2014, excluding the remainder of KRW 1,700,000,000 x KRW 1,709,000,000 for the Plaintiff’s x 1000,010.