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(영문) 의정부지방법원 2021.02.05 2019가합54146

정산금등 청구의 소

Text

The defendant shall pay to the plaintiff the amount of KRW 94,647,265 and KRW 56,936,301 from August 23, 2019 to the date of full payment.

Reasons

Basic Facts

The plaintiff of the status of the parties and the defendant are the parties.

From September 1, 2003 to June 25, 201, the Plaintiff operated the two sub-factory with the trade name “D” at the ground factory of both weeks.

The Defendant, from around 2002 to around 2016, sold bean, etc. with the trade name “E”, and on June 26, 201, operated the two sub-factory by receiving the aforementioned “D” from the Plaintiff.

The Defendant was supplied two copies, etc. from around 2003 to June 25, 201 by the Plaintiff.

On February 19, 2010, the Defendant, as the debtor, proposed that the Plaintiff would borrow KRW 150,000,000 from the Industrial Bank of Korea to repay the principal and interest of the loan, with the loan of KRW 150,000,000,000, which is owned by the Defendant as the debtor, and that the Defendant would repay the principal and interest of the loan. On February 19, 2010, the Plaintiff accepted the loan and received KRW 150,000 from the Industrial Bank of Korea on February 19, 2010 (hereinafter “the loan of this case”). The Plaintiff was granted the loan of KRW 150,00,00 from the Korean District Court in order to obtain the loan from the Plaintiff, the Industrial Bank of Korea, the Plaintiff, the maximum amount of the loan of KRW 180,00,00, and the establishment of the cause for establishing the loan of this case on February 19, 2010.

The Plaintiff and the Defendant, as above, 128,100,000 won out of the 150,000,000 won that the Defendant had to pay to the Plaintiff, shall be appropriated to part of the amount of goods that the Defendant has to pay to the Plaintiff, and 13,000,000 won was to be used by the Defendant, and 10,40,000 won was to be used for paying interest on the instant loan while the Plaintiff kept in custody.

From March 19, 2010 to March 27, 2019, the Plaintiff paid to the Industrial Bank of Korea totaling KRW 48,110,964.

From April 2, 2014 to March 5, 2019, the Plaintiff worked for the Defendant’s factory with the payment of KRW 3,000,000 per month at two copies of the “D” factory operated by the Defendant, and retired on March 5, 2019.

【Ground of recognition】