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(영문) 대구지방법원포항지원 2017.11.14 2016가단7195
대여금
Text

1. The Defendant’s KRW 58,269,369 as well as the Plaintiff’s annual rate of 5% from October 26, 2016 to November 14, 2017.

Reasons

1. On October 23, 2011, the Defendant: (a) received a power of delegation from the Defendant that “C (hereinafter “C”) representative director of the Company C (hereinafter “C”) delegated all the construction authority to the Defendant regarding the E Corporation (hereinafter “instant Corporation”); (b) left the Republic of Korea to F on November 201, 201, and commenced management of the instant construction site.

On the other hand, the plaintiff was aware of the defendant while working as the vice president of the defendant's driving school on or around November 2006. On or around January 11, 201, the plaintiff left the Republic of Korea as F on or around January 12, 2012 at the defendant's request and started work as the duties of the head of the management department, along with the defendant's birth leader, at the construction site of this case.

C around February 2013, after filing an application for rehabilitation, received a decision of discontinuation of rehabilitation around December 2013.

The defendant returned from F to Korea on December 28, 2013.

[Ground of recognition] A without dispute, entry of Gap evidence 5, purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff lent a total of 78,075,920 won to the defendant as seen in the table Nos. 1 through 13, 15, and 23 below (hereinafter "Adjustment table"), but the defendant was paid KRW 19,806,551 from the defendant as seen in the table Nos. 14, and therefore, the defendant is liable to pay the plaintiff a total of KRW 58,269,369 (==78,075,920-19,806,51) and damages for delay.

B. The defendant's assertion is asserted as follows.

With respect to Nos. 1, the fact of borrowing and the fact of non-payment are recognized.

It was true that the above money was borrowed from the Plaintiff to use it as tools for purchase, F-on-site employees' wages, and air charges, as it was immediately demanded by C to leave the F site with power of delegation from C as to the F site. However, as at the time C did not receive necessary funds due to the lack of circumstances at the time, it was true that it used the above money as tools for purchase, F-on-site employees' wages, and air charges.

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