1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. In full view of the purport of the entire pleadings, the following facts may be acknowledged in each entry of evidence Nos. 1 through 8 (including branch numbers, if any).

A loaned KRW 10,00,000 on June 29, 2012, and KRW 50,000,000 on September 3, 2012, and KRW 40,000,000 on April 5, 2013, pursuant to the “Rules on Loans for Housing and Living Stabilization Fund”, which are in the company regulations, to the Defendant who had been an employee at the time.

At the time of the above lending, the Defendant agreed to refund the monthly salary from October 2013 to KRW 200,000, and when the Defendant retires from the above company, it shall without delay return all the borrowed money.

The Defendant retired from the company on October 31, 2013 immediately after the deduction of KRW 200,000 from the amount of benefits of October 2013.

On April 11, 2014, the above company received a decision from the Seoul Central District Court to commence rehabilitation procedures by 2014hap56, and B was appointed as the receiver on the same day.

After February 27, 2015, the decision to discontinue the rehabilitation procedures for the above company became final and conclusive, and at the same time, the bankruptcy was declared against the above company by the court 2015Hau25, and the plaintiff was appointed as the bankruptcy trustee.

(hereinafter) According to the above facts, the defendant is obligated to pay the remaining 109,800,000 won (i.e., 110,000,000 won - 200,000 won) and 5% delay damages per annum to the plaintiff, without distinguishing the above company and the trustee in bankruptcy.

The Plaintiff sought damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act, but the above provision on loans for consumption and for stabilization of livelihood, applicable to each of the above loans, stipulates that “The loans for housing and for stabilization of livelihood shall be lent at an interest rate of 5% per annum” in Article 5 (Evidence 1). In the event there is no interest agreement after the due date for payment (damage for delay in a strict sense), it shall be deemed that the initial agreement shall be paid even after the due date for payment, unless there is a special declaration of intention.