1. As to the Plaintiff (Counterclaim Defendant)’s KRW 66,295,578 and its KRW 40,000,000 among them, the Defendant (Counterclaim Defendant) shall have the effect on November 20, 2014.

1. Determination on the main claim

A. 1) On April 5, 2012, the Plaintiff lent KRW 40 million to the Defendant with the amount loaned from C Bank. The Defendant paid an amount equivalent to the interest that the Plaintiff owes to C Bank as interest for the said borrowed amount. However, the Defendant paid only the interest up to August 4, 2014, and did not pay KRW 540,191, the total interest up to November 4, 2014 thereafter. 2) the Plaintiff was employed by the Defendant Company from September 1, 2007 to September 12, 2014, and retired from office. The Defendant Company did not pay KRW 25,75,387 to the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. Based on the above facts finding, the defendant is obligated to pay to the plaintiff the amount of interest and interest on the loan and the amount of interest on the overdue loan totaling 66,295,578 won (=40,540,191 won 25,755,387 won) and 40,000,000 won of the borrowed principal from the date following the delivery date of the original copy of the payment order in this case, interest on delay at the rate of 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 20, 2014 to the date of full payment, and interest on delayed payment 25,75,387 won from the date of retirement of the plaintiff clearly from September 27, 2014 to the date of full payment.

2. On the determination of set-off and counterclaim claim, the Defendant: (a) filed an excessive claim for wages by preparing a false statement of payment of daily labor cost, etc. as if the number of persons actually invested in relation to the molding construction among the new construction works of Dongdaemun-gu Seoul Dongdaemun-gu, Seoul, and inflicted damages on the Defendant; (b) the Plaintiff conspired with D to commit the above tort; and (c) agreed to compensate for the Defendant’s pecuniary loss by preparing a new statement of payment of daily labor cost.