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Reasons
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(영문) 대구지방법원 2019.02.14 2017가합208038
청구이의
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1. Compulsory execution by Defendant B against the Plaintiff on the basis of D 2017 No. 25 of the No. 2017 by a notary public is 150.

Reasons

1. Basic facts

A. Upon Defendant C’s request, from October 2014, the Plaintiff served as the site manager for electrical construction, etc. at the construction site located in Daegu Northern-gu E (hereinafter “F site”).

The above Corporation is a subcontracted construction by G Co., Ltd. (hereinafter “G”).

B. Upon Defendant C’s request, from January 2015, the Plaintiff served as the site manager for electrical construction, etc. in the International Construction Site located in Daegu Northern-gu (hereinafter “I”) (hereinafter “H site”).

The above Corporation is a subcontracted project by J Co., Ltd. (hereinafter referred to as “J”).

C. The Plaintiff claimed F-site wages and expenses on the I-site to Defendant C, and from February 2015, the Plaintiff demanded the Defendant C to take charge of the official duties at the request of Defendant C. D.

On April 2016, the Plaintiff was retired from office in F site and I site.

E. The Plaintiff paid Defendant C totaling KRW 70,00,000,000 on April 11, 2016, and KRW 20,000,000 on April 18, 2016, and KRW 10,00,000 on May 4, 2016.

1. B (Plaintiff) is related to the act of deceiving or misappropriation of labor costs, material costs, etc. in the F field to Gap (Defendant B);

(a) By January 23, 2017, 50,000,000 won shall be paid by means of remitting to A’s account.

B. By February 28, 2017, a total tax invoice (tax invoices issued G) and a tax invoice (tax invoices issued by a person who is supplied with materials and costs) shall be issued to identify the act of acquisition by deception or breach of trust by Defendant C.

2. B shall be paid 150,000,000 won to A by means of remitting it to A’s account with respect to the act of defraudation or misappropriation of labor costs, material costs, etc. on the I scene.

F. On January 20, 2017, the Plaintiff drafted a letter of performance and confirmation as follows with Defendant B.

G. On January 20, 2017, the Plaintiff is below the notarial deed of a loan for consumption (quasi-loan for consumption) concluded by Defendant B and a notary public, as follows, No. 25, 2017.

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