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(영문) 서울중앙지방법원 2016.07.20 2016가단29584
손해배상(기) 등
Text

1. The Defendant shall pay to the Plaintiff KRW 4,339,282 and the interest rate of KRW 15% per annum from April 21, 2016 to the date of complete payment.

Reasons

1. The judgment on the cause of the claim is a corporation that runs the wholesale and retail business of used cars and employed the Defendant as the Vice Minister of Foreign Affairs on May 19, 2014, and lent KRW 600,000 to the Defendant on May 27, 2014. The Defendant promised from the Plaintiff to deduct the redemption of the above borrowed money from the performance-based bonus or salary when borrowing the above borrowed money as the performance-based bonus or salary. The Defendant agreed to immediately repay the said borrowed amount in a case where the performance-based bonus or salary falls short of the above borrowed amount due to personal circumstances. The Defendant submitted a resignation to the Plaintiff on December 29, 2014, and the fact that the Plaintiff retired was either disputed between the parties, or acknowledged by comprehensively taking account of the overall purport of each of the entries and arguments set forth in subparagraphs 2 and

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 4,669,282 ( KRW 6 million - 1,60,718), which remains after deducting KRW 1,660,718 that the Plaintiff was appropriated from the Defendant’s reimbursement of December 2014, and to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from April 21, 2016 to the date of full payment, by the Plaintiff’s delivery of a duplicate of the application for reduction of claim and modification of claim cause as of April 14, 2016.

2. Judgment on the defendant's defense

A. As to the defenses on the amount of benefits deducted, the defendant raised a defense that the amount exceeding KRW 1,660,718,000,000 should be deducted from the defendant's 1,660,718, which is the plaintiff's 1,660,718, but there is no evidence to acknowledge it, and the defendant'

B. Furthermore, the Defendant agreed to receive incentives in an amount equivalent to 10% of the operating income on export performance as incentives while working for the Plaintiff. The purport is to offset incentives claims arising from USD 30,000 in operating income by the Defendant’s automatic bonds within the scope of equal amount of the Plaintiff’s loans.

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