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(영문) 울산지방법원 2018.12.18 2018가단19964
대여금
Text

1. The defendant is based on the ratio of KRW 26,151,751 to KRW 15% per annum from August 23, 2018 to the full payment.

Reasons

According to the evidence and the purport of the argument submitted by the Plaintiff, the Plaintiff operates D points, which are C Guarantee Repair Cooperation Companies, and the Defendant was an employee of the Plaintiff, and the Plaintiff loaned total of KRW 32,543,140 to the Defendant from May 2, 2016 to April 5, 2018, and the Defendant was dismissed due to absence from office without permission from around July 28, 2018.

Therefore, the Defendant is liable to pay the Plaintiff damages for delay at the rate of 15% per annum from August 23, 2018 to the date following the delivery date of a copy of the complaint of this case among the above loans that the Plaintiff seeks.

[On the other hand, the plaintiff asserts to the effect that the defendant's retirement allowance claim against the plaintiff was offset by 6,391,389 won, but the plaintiff can not offset the worker's retirement allowance claim with the employer's claim unless the worker's consent is given in accordance with the principle of full payment of wages under Article 43 (1) of the Labor Standards Act, and since there is no assertion that the plaintiff obtained the defendant's consent to offset against the retirement allowance claim, the above offset shall not be permitted.]

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