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1. The Defendant amounting to KRW 26 million to the Plaintiff and the Plaintiff’s annual rate of 6% from November 22, 2016 to September 29, 2017.
Reasons
1. The fact that the plaintiff lent 50 million won to the defendant on July 1, 2008 without fixing the due date for payment is not in dispute between the parties.
According to this, the defendant is obligated to pay 50 million won and delay damages to the plaintiff, except in extenuating circumstances.
2. Judgment on the defendant's defense
A. (1) On May 11, 2012, the Defendant’s assertion that the retirement allowance was paid out to KRW 27,745,570 as the payment of the said debt, and the Defendant repaid the total of KRW 24 million around 2011.
(2) The Plaintiff’s assertion ① agreed to pay the Plaintiff’s salary in lieu of receiving retirement pay or offset the said payment with retirement pay even if the Defendant did not work for one month’s own business during the period of service.
In addition, the extinctive prescription of retirement allowance claim has expired.
② The above KRW 24 million was fully appropriated for other loans that the Plaintiff lent to the Defendant.
B. As to the defense that the Defendant paid a retirement allowance, there is no dispute between the parties on May 11, 2012 when the Defendant joined an individual enterprise operated by the Plaintiff and worked for five years and six months, and retired on or around May 11, 2012. However, in full view of the purport of the argument as to the statement in subparagraph 3, the Defendant received the payment for the above period even if he did not work for the gathering of Airbrates and the operation of orchard from the inside Dong from August to September of each year, and did not work for the above period. Upon the Defendant’s request, the Plaintiff and the Defendant agreed that the Plaintiff would not pay a retirement allowance later or would not receive a separate retirement allowance by offsetting the amount received during the above period of service.
If an employer offsets a worker's wage claim with the consent of the worker, the employer's consent shall be free.