대여금
1. Of the judgment of the court of first instance, KRW 47,528,020 against the Plaintiff and its related thereto from November 30, 2013 to May 29, 2015 against the Defendant.
1. Basic facts
A. A. On January 16, 2013, 201, the Digital Text System Co., Ltd. (hereinafter “Nonindicted Company”) lent KRW 60,000,000 to the Defendant who was an employee pursuant to the “Rules on Housing and Living Stabilization Fund Loan” (hereinafter “instant loan”) (hereinafter “instant loan”) and received reimbursement from the Defendant’s salary from October 2013 to KRW 300,000 per month. At the Defendant’s retirement, the full amount was immediately repaid.
B. After that, the Defendant retired from the non-party company on November 29, 2013 when the amount of KRW 300,000 of the instant loan was deducted as the repayment terms of the instant loan, and the total of KRW 600,000,000 was deducted, and the Defendant retired from the non-party company on March 1, 2013, and the amount of retirement benefits corresponding to the period of work from March 1, 2011 to the retirement date (hereinafter “unpaid retirement benefits”) was not received from the non-party company.
C. Meanwhile, upon receiving a decision on commencing rehabilitation procedures on April 11, 2014, Nonparty Company was appointed as a custodian on the same day, and thereafter, Nonparty Company was declared bankrupt on January 23, 2015, and was appointed as a trustee in bankruptcy on the same day.
[Ground of recognition] Evidence No. 1, Evidence No. 2-1 to 4, Evidence No. 3-1, 2, Evidence No. 4, 5, 7, Evidence No. 1 and No. 2, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion is obligated to return to the Plaintiff the remainder of KRW 59,400,000 (i.e., the loan amounting to KRW 60,00,000 - the amount deducted from the unpaid retirement allowance amounting to KRW 600,000). Since the amount of unpaid retirement allowance after withholding income is KRW 10,945,72, the Defendant is obligated to pay to the Plaintiff 48,454,278 (i.e., KRW 59,40,00 - 10,945,722) and damages for delay.
B. The Defendant’s assertion i.e., the amount of the Defendant’s retirement benefits accrued at the time of the retirement of the Nonparty Company is KRW 11,871,980.
Therefore, this is applicable.