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1. The Defendant shall calculate the Plaintiff’s KRW 90,00,000 as well as the annual rate of KRW 20% from January 29, 2013 to the day of full payment.
Reasons
1. Basic facts
A. On July 1, 2006, the Plaintiff joined the Defendant Company (the name of the first Company was “Limited C,” but the name of the first Company was “D,” on August 28, 2000, “Limited Company E” on September 3, 2004, “Limited Company E” on May 27, 2010, “F of Limited Company” on January 20, 201, “Limited Company G” on October 19, 201, and respectively changed to the current name as of October 31, 201) and retired from the office on January 31, 201.
B. While the Plaintiff had been working for the Defendant Company, wages, retirement allowances, loans, etc. that were not received from the Defendant Company were paid to KRW 102,520,480. The Plaintiff and the Defendant Company agreed to pay KRW 90 million out of the unpaid amount to the Plaintiff on September 2012, the Plaintiff and the Defendant Company agreed to pay KRW 50 million out of the unpaid amount to the Plaintiff on September 30, 2012, and the remaining KRW 40 million to pay KRW 50 million in installments for eight months.
[Ground for recognition] A without dispute, Gap evidence Nos. 1 (a written agreement, the stamp image of the defendant company, which is affixed to the above written agreement, is affixed and sealed voluntarily by the plaintiff's representative director without permission of the defendant company's representative director, and there is no evidence to acknowledge the above assertion. Rather, according to Gap evidence No. 6, H, the representative director of the defendant company, filed a complaint against the plaintiff by forging private documents, etc., but the Seoul Western District Prosecutors' Office (the Seoul Western District Prosecutors' Office recognizes the fact that he filed a complaint against the plaintiff on Jan. 29, 2014) and Nos. 3, Eul evidence No. 1, and the purport of the whole pleadings, all of the arguments,
2. Determination
A. According to the above facts of recognition, the Defendant Company is obligated to pay the Plaintiff the agreed amount of KRW 90 million as stated in the above agreement and the delay damages therefor.
B. As to this, the Defendant Company: (a) established a security on its own house and borrowed KRW 82 million from a bank; and (b) lent it to the Defendant Company; and (c) borrowed KRW 50 million from the Defendant Company on March 16, 2009.