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(영문) 울산지방법원 2019.05.30 2018나21944
대여금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded by this court, shall be modified as follows:

Reasons

1. Basic facts

A. The Defendants, while serving as an employee of the Plaintiff, are those retired from the Plaintiff, and the F Corporation (hereinafter “instant corporation”) is established with the aim of contributing to the stabilization of livelihood and the promotion of welfare of the Plaintiff’s employees by efficiently managing and operating the Plaintiff’s intra-company labor welfare fund in accordance with the Framework Act on Labor Welfare on December 22, 2001 and the Enforcement Decree of the same Act.

B. The Plaintiff, as part of the in-house welfare program, lent the school expenses for the children of undergraduates of his employees to the employees without interest. However, when the Plaintiff lent the school expenses for the children of undergraduates to the employees without interest, and the employee paid the above loans at the time of his retirement, the instant legal entity was paying the employee subsidies equivalent to the amount of such reimbursement.

Meanwhile, the instant corporation supported a university student loan to the extent of two children within the scope of the intra-company labor welfare fund, and changed the policy from January 1, 2014 to the amount equivalent to 80% of the registration fees for universities and colleges for 13 years (2,674,000) and the amount of the C credits not being supported by the C credits.

C. Accordingly, the Plaintiff agreed to make a lump sum repayment to the Defendants at the time of retirement, and lent the school expenses for university students. The Plaintiff’s loan, the amount of redemption of the Defendants, and the amount of funding for the instant corporation are as follows.

Serial Name Loans (wons) 1 B 50,085,000 0 50,085,000 33,611,000 16,474,000 2 C 44,029,000 6,948,150 37,080,850 28,065,065,065, 480 9,015,370 3D 3 D 55,312,0008,152, 97047,159,03035,370,11,789,030, 24, 198, 2004, 198, 308, 308, 308, 3008, 308, 308, 150, 152, 970

D. After that, Defendant B and D retired on September 30, 2015; Defendant C on March 31, 2014; Defendant E on March 31, 2015; and Defendant E on March 31, 2015.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 3, 5 through 9, 13 through 18, the whole purport of the pleading

2. The parties' arguments.

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