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(영문) 서울중앙지방법원 2017.09.27 2015가단31146
학자금 상환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are currently working or retired as an employee of B Co., Ltd. (hereinafter “Nonindicted Company”).

The defendant is a corporation established with the aim of contributing to stabilizing the lives and promoting the welfare of the workers of the non-party company by efficiently managing and operating the intra-company labor welfare fund.

B. The Defendant carried out the support project for university students’ children with respect to the workers of the non-party company, and the specific size and procedure of the support was determined by the regulations on the operation of the intra-company labor welfare fund (hereinafter “the instant operational rules”).

C. At first, the instant operational rules limited to two undergraduates, but did not limit the total amount of support, and the support procedures were to lend school expenses to the employee of the non-party company for a certain period of time after the parent-child graduated from the university, and the Defendant paid the employee a subsidy equivalent to the amount of support paid after one month thereafter.

While the instant operational rules were amended on August 31, 2014 and September 17, 2014, the upper limit of subsidies for university students' children's school expenses shall be set to be paid within the limit of KRW 5 million per year in cases of at least A credits, and KRW 3 million per year in cases of B credits, and the repayment period was set at six years with a three-year grace period after children's graduation.

However, if a worker makes a lump-sum repayment of a student loan at the time of retirement, the defendant would pay the subsidy within the limit of the subsidy.

[Reasons for Recognition] Each entry of Gap evidence 1 to 12 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The parties' assertion (1) The plaintiffs agreed to pay the full amount of school expenses to the employees. Under the agreement, the defendant received a loan from the non-party company, and then made it as shown in attached Form 2.

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