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Reasons
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(영문) 서울북부지방법원 2015.03.25 2014가단26825
대여금
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1. The defendant shall pay 14,670,000 won to the plaintiff and 20% per annum from April 15, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff was an employee of the Defendant, and at the Defendant’s request, lent KRW 300,000 on December 3, 2012, KRW 500,000 on December 30, 2012, KRW 300,000 on December 11, 2012, KRW 3870,000 on December 18, 2012, KRW 300,000 on December 38, 2012, KRW 300,000 on December 38, 2012, KRW 300,000 on December 26, 2013, KRW 200,000 on December 38, 2013, KRW 300,000 on December 31, 200,000 on December 4, 2013.

On December 18, 2012, KRW 130,00 won on the date of payment, December 13, 2012, KRW 130,00 won on December 19, 2012, KRW 140,000,000 won on December 1, 2012, KRW 140,000 on January 1, 2013, KRW 500,000 on January 15, 2013; KRW 6 million on February 25, 2013; KRW 4 million on February 25, 2013; KRW 1,00,000 on March 7, 2013; and KRW 1,50,000 on March 15, 2013.

B. The Defendant repaid to the Plaintiff the sum of KRW 19.2 million as follows.

C. Around March 2013, the Plaintiff left the store for Defendant’s operation.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay 1,577,00 won (3,970,000 won - 1,920,000 won) less the amount repaid out of the above loans to the Plaintiff, except in extenuating circumstances, and the damages for delay calculated at the rate of 20% per annum from April 15, 2014, the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff to the day of complete payment.

B. As to the Defendant’s defense, the Defendant concluded a labor contract by the method that the Plaintiff owns 60% of the monthly sales made by the Plaintiff and the Defendant owns the remainder 40% of the monthly sales made by the Plaintiff. However, even though the Plaintiff concluded a labor contract by the means that the Defendant owns the remainder 40% of the monthly sales made by the Plaintiff, the amount of KRW 8,716,00, equivalent to 40% of the monthly sales made from December to March 201

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