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1. The defendant, the plaintiff,
(a)105,414,087 Won;
B. Of them, 5,131,628 won from March 1, 2014 to September 17, 2014
Reasons
1. Facts of recognition;
A. B (hereinafter “B”) around 2008 prepared the “Rules on Housing and Living Stabilization Fund Loans” (hereinafter “Rules”) and lent housing funds, etc. to employees.
B. The Defendant, who had been an employee, applied for a loan of KRW 40 million on July 6, 201, but failed to implement the loan due to the lack of financial conditions in B.
Accordingly, E (former representative director) paid to the Defendant KRW 10 million on July 25, 201, KRW 10 million on August 8, 2011, KRW 40 million on September 1, 2011, and KRW 40 million on September 1, 201, KRW 20 million on July 11, 201, and KRW 40 million on July 11, 201.
C. On October 21, 2013, the Defendant prepared and submitted “a written pledge of repayment of housing and livelihood stabilization funds” (hereinafter “instant pledge”) stating that “The repayment shall be made by deducting KRW 200,000,000 from the benefits of October 2013 each month from the benefits of KRW 200,000” with respect to KRW 40,000,000.
Accordingly, the Defendant repaid the total of KRW 80,000 from October 31, 2013 to January 31, 2014 by deducting the total of KRW 800,000 from the benefits.
Meanwhile, Article 9(1) of the Fund Lending Regulations provides that "a loan shall be returned without delay at the time of the expiration of the repayment period or at the time of occurrence of a cause, such as resignation or disciplinary action, or any other cause for return."
E. On August 17, 2012, the Defendant borrowed KRW 100 million from one bank (hereinafter “one bank”).
B entered into a limited collateral guarantee agreement with one bank on October 31, 2012 with a limit of KRW 1.2 billion with respect to the deposit claims of KRW 1.2 billion held by one bank, as of October 31, 2012, and set up a limited collateral pledge with a limit of KRW 1.1 billion with respect to the deposit claims of KRW B in one bank. The term of loans on August 19, 2013 shall be from August 17, 2013.