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(영문) 서울동부지방법원 2019.07.19 2017가단26561
대여금 등
Text

1. The part concerning the claim for confirmation of voting right in the lawsuit of this case shall be dismissed.

2.A plaintiff's rehabilitation company B

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a rehabilitation company B on April 1, 1998 (hereinafter “Rehabilitation Company”).

(2) On November 18, 2015, the Plaintiff loaned KRW 50 million to the rehabilitation company on November 18, 2015, while serving as an executive officer (in-house director and representative director) and being in charge of the design work, and retired from office on November 15, 2016.

(2) On November 20, 2015, the rehabilitation company decided on August 31, 2016 that “The interest on the amount borrowed from the officers from the board of directors shall be uniformly lowered to 5% per annum and retroactively applied from the date of the loan,” and that “the Seoul Central District Court 2015Kahap58402) shall pay the interest calculated at the rate of 10% per annum from November 20, 2015, and shall repay the service payment lawsuit (Seoul Central District Court 2015Gahap58402) with D Co., Ltd. (Seoul Central District Court 2015Gahap58402).”

After that, on September 12, 2016, the rehabilitation company prepared an agreement between the Plaintiff and the Plaintiff that the Plaintiff should pay the Plaintiff’s unpaid benefits, retirement allowances, and the borrowed amount as soon as possible.

B. On December 26, 2017, the Plaintiff filed the instant lawsuit against the rehabilitation company seeking the payment of the instant loans, interest thereon, unpaid wages and retirement allowances. 2) On February 20, 2018, the rehabilitation company filed an application for rehabilitation with the Seoul Rehabilitation Court 2018 Gohap10043, and received the decision to commence rehabilitation proceedings on March 9, 2018.

3) On April 6, 2018, the Plaintiff reported the amount of KRW 182,41,446 [the amount of KRW 53,294,520 (interest of KRW 50,00,000 (interest of KRW 3,294,520 prior to commencement of principal)) of the unpaid Benefit Claim 12,31,506 (interest of KRW 11,250,000 prior to commencement of principal), which is within the reporting period of rehabilitation claims, KRW 116,805,420 (interest of KRW 1,06,734,375) of the retirement benefit Claim Claim 116,805,420 (interest of KRW 106,734,071,045 prior to commencement of principal).

The defendant around April 30, 2018 reported by the plaintiff around April 30, 200.

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