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(영문) 의정부지방법원고양지원 2015.02.05 2014가단32970
대여금
Text

1. As to the Plaintiff KRW 51,517,263 and KRW 24,504,20 among them, the Defendant shall pay to the Plaintiff KRW 51,517,263, and KRW 27,013,063.

Reasons

1. Facts of recognition;

A. around 208, A Co., Ltd. (hereinafter “debtor Company”) enacted the “Rules on Rental of Housing and Living Stabilization Funds” (hereinafter “Loan Provisions”) to promote employees’ welfare, and the main contents are as follows.

Article 5 (Lending of Housing Funds/Life Stabilization Funds and Interest) Housing funds and Loans for Living Stabilization Funds shall be lent at an annual interest rate of 5% to a person whose funds are substantially additionally required among at least the head of the team in office of the company.

Article 9 (Return)

1.The loan shall be returned without delay when any of the following events occurs:

Upon expiration of the repayment period

(b) When reasons, such as resignation, disciplinary action, dismissal, etc. occur.

(c) at the time of occurrence of the reasons for return other than paragraphs (a) and (b).

B. On November 12, 2012, the debtor company lent KRW 35 million to the defendant, who worked as the head of the business team, with the housing fund, and the defendant agreed to repay the loan in accordance with the above loan regulations.

C. On August 17, 2012, when the Defendant obtained a loan of KRW 30 million from the Han Bank Co., Ltd., the obligor company established a pledge on the time deposit of the obligor company as a security, and jointly and severally guaranteed the obligation of the loan.

On May 12, 2014, Han Bank Co., Ltd. exercised a pledge on fixed time deposits of the debtor company provided as security against the debtor company's employees including the defendant's employees. The defendant's debt 27,013,063 won was subrogated by exercising the above pledge.

E. On April 11, 2014, rehabilitation procedures began on the debtor company as Seoul Central District Court 2014 Gohap31, and the plaintiff was appointed as the administrator of the debtor company, and the defendant retired from the debtor company on April 30, 2014.

【Ground for Recognition: Each entry in the evidence of Nos. 1 through 6, and the purport of the whole pleadings】

2. According to the above facts of determination as to the cause of claim, the defendant, barring any special circumstance, shall be the plaintiff, and the plaintiff shall be the loan 35 million won.

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