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(영문) 부산지방법원동부지원 2016.11.09 2016가단11853
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 65,813,215 and interest rate of KRW 15% per annum from July 19, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On July 2007, the Plaintiff (the Plaintiff) loaned KRW 54,180,000 as the price for subscription to acquire the employee shares distributed to the Defendant pursuant to the agreement between the employee stock ownership association and the employee stock ownership association (hereinafter “instant agreement”).

B. According to the instant agreement, when a private partner retires even during his/her retirement, the Plaintiff’s loans to the private partner and the Plaintiff’s prepaid expenses (such as the amount of interest paid in advance by financial institutions and expenses for establishing pledge rights) shall be repaid in full within one month from the date of retirement.

(Article 6). (c)

Meanwhile, the Plaintiff, on behalf of the Defendant, borne KRW 3,00, KRW 70,00, KRW 17,277,849 on the Defendant’s employee stocks acquired as collateral for the Defendant’s financial institution loans (the Bank of Interest) and interest on the Bank of Interest (the Bank of Interest). Of the above amount, some of the amount was appropriated from around 2008 to 2012 as KRW 5,667,634, which was the amount repaid by the Defendant from around 2012.

On December 2, 2014, the Defendant retired the Plaintiff Company.

E. On April 5, 2016, the Plaintiff urged the Defendant to repay the Defendant’s debt owed to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, since the Defendant’s repayment period of the Defendant’s obligation to the Plaintiff has arrived after one month after the Defendant retired from the company of this case, the Defendant is obligated to pay to the Plaintiff 65,813,215 won (=loan 54,1480,00 + Pledge 3,000 + 70,000 + interest + interest 17,277,849-Reimbursement - Redemption KRW 5,667,634) and damages for delay calculated at the rate of 15% per annum from July 19, 2016 to July 19, 2016.

B. The defendant's assertion is the acquisition of employee shares.

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