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(영문) 의정부지방법원고양지원 2015.01.29 2014가단32963
대여금
Text

1. The Defendant’s KRW 48,454,278 as well as the Plaintiff’s KRW 6% per annum from November 30, 2013 to September 1, 2014.

Reasons

1. Facts of recognition;

A. On January 16, 2013, 200, dex System Co., Ltd. lent KRW 60,000,000 to the Defendant who had been an employee pursuant to the “Rules on Housing and Living Stabilization Fund Loan”, which is an internal regulation, and the Defendant agreed to repay the above loan by deducting KRW 300,000 from monthly salary from the monthly salary from the amount of 10,000,000, but the same shall be returned without delay when the company retires from the above company.

(hereinafter “instant loan”). (b)

On November 29, 2013, after the deduction of KRW 600,000 from the benefits, the Defendant retired from the company.

C. The Defendant was not paid KRW 10,945,722, which deducted the income tax at the time of retirement from the above company.

On April 11, 2014, the above company was decided to commence rehabilitation procedures at the Seoul Central District Court, and the plaintiff was appointed as the administrator.

[Reasons for Recognition] Evidence A1 to 7 (including a branch number if a branch number exists), Evidence B to 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 48,454,278 won (60,000 won - 600,000 won deducted from the benefits - 10,945,722 won which the plaintiff recognized as retirement allowance of the defendant and withdrawn from the lawsuit) and to pay damages for delay at the rate of 20% per annum from November 30, 2013 to September 1, 2014 on which the original copy of the instant payment order was served on the defendant from the date following the withdrawal of the defendant.

B. The Defendant’s assertion 1 as to the Defendant’s assertion (1) as a result of the Defendant’s continued efforts to join the said company’s C Team, raised the sales of the said company from KRW 40 billion to KRW 231.9 billion in 2013.

Accordingly, the representative director of the above company recommended the defendant to purchase the office of the company's neighborhood, and agreed to deduct 300,000 won from the monthly salary, but he would make a payment for the remainder after 2 through 3 years.

(2) In addition, the above company is unilaterally the defendant.

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