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1. The Defendant’s KRW 50,775,020 as well as the Plaintiff’s annual rate of KRW 6% from May 1, 2014 to September 19, 2014.
Reasons
1. Facts of recognition;
A. On February 4, 2008, A Co., Ltd. (hereinafter “instant company”) lent KRW 20,000,000 to the Defendant, who was a manufacturing-general director, pursuant to the “Rules on Housing and Living Stabilization Fund Loan” (hereinafter “the instant provisions”), a company’s internal regulation, and the Defendant agreed at the time of retirement to pay the said loan without delay.
(hereinafter “instant 1 loan”). (b)
From May 29, 2006 to January 29, 2010, the Defendant retired from office while serving in the instant company.
On July 10, 2008, the instant company transferred KRW 10,175,490 to the Defendant as retirement pay from May 29, 2006 to February 29, 2008, and KRW 4,019,160 to the Defendant on April 30, 2009 as retirement pay from March 1, 2008 to February 28, 2009.
However, from March 1, 2009 to January 29, 2010, the instant company did not pay KRW 4,346,110, which is the remainder of withholding income tax, etc. from the Defendant’s retirement pay from the Defendant’s retirement allowance to January 29, 201, and paid KRW 4,878,870, which was refunded for year-end tax settlement for year 2009
C. Since May 23, 2012, the Defendant again worked as a manufacturing-general director at the instant company from May 23, 2012.
On October 16, 2012, the instant company lent KRW 40,000,00 to the Defendant, which had been a manufacturing-general director, at the time of the instant provision, and the Defendant agreed at the time of retirement to pay the said loan without delay.
(hereinafter “instant two loans”) D.
On April 30, 2014, the Defendant retired from the instant company.
E. On April 11, 2014, the instant company received a decision from the Seoul Central District Court to commence rehabilitation procedures, and the Plaintiff was appointed as a custodian.
[Reasons for Recognition] Gap 1 to 5, 8 to 10 evidence (including branch numbers, if any), Eul 1 and 4 evidence, and the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant shall pay to the plaintiff 50,775,020 won 60,000,000 won - unpaid retirement allowances 4,346,110 won.