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(영문) 서울중앙지방법원 2014.12.10 2014가단80431

대여금

Text

1. The Defendant: (a) KRW 78,007,00 for the Plaintiff and the Plaintiff’s KRW 5% per annum from October 27, 2013 to March 19, 2014; and (b) March 20, 2014.

Reasons

1. Facts of recognition;

A. On August 30, 2007, the debtor panty panty pande Ltd. (hereinafter “instant company”) loaned KRW 90,515,000 (50% of the subscription price for the Defendant’s acquisition of the employee shares distributed to the Defendant. It is in accordance with an agreement between the employee stock ownership association of the instant company organized at that time and the instant company.

B. According to Article 6 of the Convention concluded on August 30, 2007 between the instant company and the employee stock ownership association (hereinafter “instant Convention”), when a private partner retires even during his retirement, the company’s loans to the members of the instant company and the expenses paid in advance by the instant company (such as the advance payment of interest, pledge establishment expenses, etc. by financial institutions) shall be repaid in full within one month from the date of retirement.

C. Meanwhile, the instant company borne 2,349,512 won on behalf of the Defendant, including the Defendant’s expenses for establishing a pledge (3,000 won), the stamp (7,000 won), and the interest on the Bank of Interest (2,276,512 won) on the employee stocks acquired by the Defendant for the guarantee of the Defendant’s loans to the Bank of Interest. The amount was appropriated as part of the total dividend of 11,630,125 won from 2008 to 2012, which the Defendant acquired on behalf of the Defendant.

On June 5, 2013, the Defendant retired from the instant company, and on June 17, 2013, the rehabilitation procedure for the instant company commenced.

On July 18, 2013, the Defendant notified the Plaintiff of his intention to offset the Defendant’s payment of wages and retirement allowance claims against the Plaintiff in KRW 12,508,00 and the Defendant’s obligation to the instant company under the foregoing paragraph (a).

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 13, including each kind of number, and the purport of the whole pleading

2. Determination

A. Comprehensively taking account of the above facts, the Defendant’s repayment period for the Defendant’s debt to the instant company has arrived at the time of his retirement, and the total amount of the above debt is KRW 90,515,000.