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(영문) 서울중앙지방법원 2019.10.16 2019가단5017624

대여금

Text

1. The Plaintiff:

A. Defendant B’s KRW 74,327,014 as well as 5% per annum from October 24, 2016 to October 16, 2019.

Reasons

1. Claim against the defendant B

A. If the purport of the entire argument is added to the statements in Gap evidence Nos. 2, 3, and 4 (including virtual number) as to the cause of the claim, the plaintiff offered each subscription for new shares on November 29, 2010; November 2, 2012; September 24, 2013; and January 16, 2015; the defendant Eul, an employee of the plaintiff, issued 254 shares for new shares for new shares for 2010; 271 shares for new shares for new shares for 2012; 371 shares for new shares for new shares for new shares for 2013; 1,988 shares for new shares for new shares for 2015; 2034,201 for new shares for new shares for 1,98 shares for new shares for 201, 2014, 2004, 2013, 2004, 2014

According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the amount of KRW 74,327,014, out of the balance of the borrowed amount of KRW 74,338,934, and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from October 24, 2016 to October 16, 2019, which is the date of this judgment, from October 16, 2019, which is the date of maturity of Defendant B’s retirement, to the date of full payment.

(The plaintiff claimed damages for delay at an interest rate of 6% under the Commercial Act, but it is presumed that the plaintiff is a stock company and the act of the merchant is conducted for business purposes. However, as seen earlier, the legal interest rate in commercial loans of this case cannot be applied to the loan obligations of this case because it is difficult to see that the plaintiff's act of acquiring employee shares is a commercial activity with lending the acquisition fund of employee shares

The judgment on Defendant B’s assertion that the management of the Plaintiff aggravated, the Plaintiff forced employees to subscribe for employee shares through capital increase with capital increase and forced employees to acquire the employee shares borrowed by Defendant B.