(영문) 서울남부지방법원 2015.05.01 2014가단53305

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(영문) 서울남부지방법원 2015.05.01 2014가단53305

대여금

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1. The Defendant: (a) KRW 43,661,776 to the Plaintiff, as well as KRW 6.9% per annum from May 1, 2014 to November 20, 2014; and (b) November 21, 2014 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On February 23, 2012, the Plaintiff extended the period of repayment of KRW 50 million to the Defendant on February 23, 2013 and at the rate of KRW 8.5% per annum (hereinafter “instant loan”); the Defendant extended the period of repayment of the instant loan until February 23, 2014; and the interest rate shall be 6.9% per annum; the Defendant delayed the payment of the principal and interest of the instant loan as of April 15, 2014; or the Defendant agreed to change the period of repayment to 6.9% per annum; and the Defendant’s delayed payment of the principal and interest of the instant loan as of April 15, 2014 to the extent that there is no dispute between the parties, or that there is a cause for the unpaid principal and interest of KRW 43,61,76, in full view of the overall purport of the entries in evidence A 2-1 through 3 and evidence A3 as well as the overall purport of pleadings and arguments.

B. Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 43,661,776 as well as damages for delay calculated at the rate of 6.9% per annum, which is the agreed interest rate, from May 1, 2014 to November 20, 2014, the delivery date of the complaint filed by the Plaintiff, and from November 21, 2014 to the day of full payment, to the day of full payment.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the Defendant set off the instant loan claim with the Defendant’s unpaid benefits and performance money, on the ground that the Defendant did not accurately settle the Defendant’s benefits and performance money due to an order-related accident that occurred while serving in the Plaintiff Company on December 2013.

B. However, the defendant does not have any specific assertion on the details and amount of the automatic claim claiming a set-off, despite the court's several statements, and there is no evidence to prove that the defendant has not received any wages or incentives.

The defendant's assertion is not accepted.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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