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(영문) 서울고등법원 2020.08.28 2019나2038510 (1)
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the manufacture and sale of semiconductor elements. Defendant B was an employee of the Plaintiff from January 5, 2005 to March 5, 2018. Defendant C is the father of Defendant B, and Defendant D is the head of Defendant B.

B. On August 13, 2012, the Plaintiff and the Defendants concluded an agreement with Defendant B to the effect that “The Plaintiff, from August 20, 2012 to August 31, 2014, lent various registration fees, etc. required for the master’s degree in the electrical and electronic computer engineering department of the E University located in the State of the United States of America to Defendant B, and Defendant C and D shall limit to KRW 325,026,250 (hereinafter “instant agreement”). The details of the instant agreement are as follows.

The plaintiffs of the letter of contract for domestic and foreign education dispatch agreement (hereinafter referred to as "A") and the employees of Gap (hereinafter referred to as "Defendant B") who are selected as the temporary workers for domestic and foreign education, and the joint and several sureties of Eul (hereinafter referred to as "Defendant C, D," hereinafter) agree that Gap shall lend their educational expenses to Eul as follows:

Article 1.(Lending of School Expenses)

1. A shall borrow all the expenses paid by the Company to B throughout the entire course of study, including the preparation for the study, in acquiring the degree specified in Article 2 (hereinafter referred to as “B”), and shall borrow the money (hereinafter referred to as “loan”).

The full amount of (1) the tuition fees and tuition fees (2) the full amount of (3) the welfare expenses of the person who is dispatched overseas (4) the full amount of the overseas medical insurance premiums, the full amount of the subsidy for the vehicle insurance, the full amount of the subsidy for the overseas medical insurance premiums of the person who is dispatched overseas (5) the full amount of the subsidy (6) the full amount of the subsidy for the overseas academic conference of the person who is dispatched overseas doctor's study (7) the full amount of the subsidy for the

2. A shall be unpaid on a unpaid leave of absence during the period of study in B in Full.

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