A. The defendant is a person who operated a business body of the trade name "D", and the plaintiff is a husband of the defendant's wife.

B. The plaintiff worked for about 30 years in the above D, and retired on or around February 28, 2005. The retirement allowance to be paid by the plaintiff was KRW 55,407,163, and at the time of the plaintiff's retirement, there was a loan claim of KRW 20 million against the defendant, but all loans and retirement allowances were not paid due to the defendant's reasons.

C. From March 2005, the Defendant paid KRW 1 million each month to the Plaintiff from March 2005, and the payment was suspended from April 2016.

[Reasons for Recognition] : Facts without dispute, Gap evidence 1, Eul evidence 1, and the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. The Plaintiff’s assertion 1) On February 28, 2005, the Plaintiff and the Defendant, at the time of the Plaintiff’s retirement, arranged the Plaintiff’s loan amounting to KRW 100 million, including KRW 25 million, KRW 55 million, and KRW 25 million, and the Defendant agreed to pay interest at KRW 1% per month pursuant to the above agreement. The Plaintiff received KRW 1 million from March 2005 to March 2016 each month from March 2016. However, the Defendant did not pay interest to the Plaintiff from April 1, 2016. The Plaintiff and the Defendant asserted that the Plaintiff’s loan and retirement allowance, KRW 75 million, and delayed payment damages from April 1, 2016, the Plaintiff and the Defendant agreed to reimburse the Plaintiff’s loan and retirement allowance, KRW 75 million,000,000,000,000 per month. However, the Plaintiff and the Defendant did not agreed to pay interest each month.

In accordance with such agreement, the Defendant paid the Plaintiff KRW 1,00,000 per month from March 31, 2005 to March 31, 2016, totaling KRW 133,00,000,000 per annum under the Commercial Act, even if applying the interest rate of KRW 6% per annum under the Commercial Act.