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(영문) 부산지방법원 2017.09.21 2016가단53707
임금등
Text

1. Defendant B:

(a) KRW 8,00,000 and for this, 5% per annum from November 6, 2012 to November 23, 2016.

Reasons

1. Claim for loans to Defendant B and C

A. The Plaintiff, on November 5, 2012, lent 8 million won to Defendant B with interest rate of 5% per annum, and thereafter, the fact that the Plaintiff’s repayment of the above loan claim against Defendant B became due is deemed to have been led by Defendant B pursuant to the main text of Article 150(3) and the main text of Article 150(1) of the Civil Procedure Act among the Plaintiff and Defendant B.

According to the above facts, Defendant B is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 5% per annum from November 6, 2012 to November 23, 2016, the delivery date of the complaint of this case, and 15% per annum from the next day to the day of full payment, as the Plaintiff seeks.

B. On November 5, 2012, the Plaintiff asserted that the Defendant C borrowed the above eight million won from Defendant B and is jointly and severally liable with Defendant B, as it was confirmed that the Plaintiff was liable for the money borrowed from Defendant C with the phone prior to lending KRW 8 million to Defendant B.

Defendant C asserts that the other party who lent the above eight million won to the Plaintiff is not Defendant C but Defendant B.

As long as the defendant C contests, there is a need for objective evidence to acknowledge the plaintiff's above assertion.

The evidence No. 4 is a statement of his financial transaction (in-aid) and it is difficult to confirm that he was liable for the money lent by Defendant C only with the statement, or that he borrowed the above eight million won with Defendant B, and there is no other evidence to prove otherwise.

The Plaintiff’s above assertion against Defendant C is difficult to accept.

2. Claim for wages, etc. against the defendant B and D;

A. The Plaintiff’s part concerning Defendant B was employed as an employee in the “E” operated by Defendant B from March 1, 2012 to October 1, 2014, and retired from office, but the wage of KRW 1,05 million from March 1, 2014 to September 2014 is KRW 1,05 million.

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