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(영문) 서울중앙지방법원 2015.06.25 2014가합2858

대여금등

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall pay KRW 11,736,109 and its amount from February 14, 2014 to the date of complete payment.

Reasons

1. In full view of the purport of the entire arguments in Gap evidence Nos. 6-4, 10, 17, 18, and Eul evidence Nos. 6-4, 17, 18, and 4 as to the claim for wages against Defendant B Co., Ltd. (hereinafter "Defendant Co., Ltd."), the plaintiff was obligated to pay 65,00,000 won annual salary from Defendant Co., Ltd. to January 26, 2012 to January 31, 2013. According to the above facts of recognition, the defendant Co., Ltd. is obligated to pay the plaintiff delayed payment damages at the rate of 11,931,506 won (=65,00,000 won x 67/365,00 won) as to the plaintiff’s claim for wages during his/her working period, and at the rate of 11,736,109 won per annum from the expiration date of the plaintiff’s work to 2014 days following the day of delivery.

2. Determination as to the defendants' claims for loans

A. The Plaintiff’s assertion 1) The Plaintiff respectively lent KRW 50,000,000 to the Defendant Company on November 26, 2012 under Defendant C’s joint and several sureties, and KRW 150,000,000 on November 30, 2012 (or the Defendants jointly and severally liable and jointly liable, each of the above money was lent to the Defendants.

(2) The Defendants agreed to pay interest of KRW 150,00,000 per annum to the above loan amount of KRW 39%. Meanwhile, Defendant C asserts that the amount of reimbursement of KRW 198,00,000 against the Plaintiff is offset against the Plaintiff’s loan claims. At the time of November 11, 2014, the principal and interest of the Plaintiff’s loan claims against Defendant C is KRW 318,872,603 in total (i.e., loans of KRW 50,00,000 as of November 26, 2012) (i.e., KRW 54,917,808, KRW 150,000 as loans of KRW 150,000 per annum to the above loan amount of KRW 50,00,000,000 per annum. However, Defendant C is clearly stated as the Plaintiff’s loan amount of KRW 150,000,000 per annum, KRW 363937,039.

Since it is the above set-off by Defendant C, the plaintiff.

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