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(영문) 서울동부지방법원 2019.02.20 2017가합113110
대여금
Text

1. Defendant B’s KRW 617,935,251 and as regards the Plaintiff, 6% per annum from January 1, 2017 to February 20, 2019, and the following.

Reasons

1. Basic facts

A. E (hereinafter referred to as “the network”) participated in the Plaintiff’s management from around 2004 as one shareholder of the F corporation with 40% of the Plaintiff’s shares, and worked as the Plaintiff’s internal director from May 21, 2013 to December 12, 2016, and from November 25, 2015 to November 8, 2016, respectively as the Plaintiff’s representative director.

The Deceased died on December 12, 2016, and Defendant B is the only heir as the deceased’s child.

B. From April 3, 2007 to November 10, 2016, the Plaintiff loaned KRW 1,377,940,000 in total to the Deceased, including advance payment, provisional payment, and long-term loans. On December 12, 2016, the principal and interest of the loan as of December 12, 2016 (= Principal KRW 931,480,50 (= Principal KRW 913,336,712) is KRW 18,143,789).

C. Meanwhile, among the above loans, KRW 100,000,000 on February 5, 2016 was remitted to Defendant D, who is the seat of the deceased, according to the instructions of the Deceased.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6, the purport of the whole pleadings

2. Claim against the defendant B

A. According to the facts found in Defendant B’s obligation to repay loans, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff the total sum of KRW 931,480,501 as of December 12, 2016, barring any special circumstance.

B. As to Defendant B’s assertion of set-off or deduction, the deceased’s summary of the claim for retirement allowance portion A) served as the Plaintiff’s director or representative director from January 1, 201 to December 12, 2016, the Plaintiff is obligated to pay the Defendant B a retirement allowance of KRW 525,006,000 (i.e., the amount of average salary for the three immediately preceding months of retirement x 29,167,000 x 6 years of continuous service x 3).

Therefore, the retirement allowance claim is set off against the plaintiff's claim on an equal basis.

B. According to the rules on the calculation of retirement allowances, the retirement allowances of executive officers are calculated by the method of "average pay for the three months immediately preceding the retirement x the number of years of continuous service x the payment rate."

(1)

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