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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Since there is no dispute as to the fact that the defendant and the selected party C borrowed five million won from the plaintiff company on August 21, 2012, the defendant and the appointed party C are jointly and severally liable to pay damages for delay calculated at each rate of five percent per annum as prescribed by the Civil Act from March 10, 2015 to August 9, 2016, the date following the delivery date of the original copy of the payment order to the plaintiff company, and from March 10, 2015, the date following the delivery date of the original copy of the payment order to the plaintiff company.
2. Judgment on the defendant's defense of set-off
A. The Defendant retired from office as the employee of the Plaintiff Company from December 11, 2006 to January 31, 2013, but did not receive retirement allowance of KRW 6,011,615. Thus, the above retirement allowance claims and loan claims shall be offset against the equal amount. (2) The Defendant was employed by the Plaintiff Company as the actual operator of the Plaintiff Company by October 2009, while the Defendant retired from office as the employee of the Plaintiff Company. However, while settling a partnership with D around the end of 2009, the Defendant received KRW 350 million as the settlement amount and retirement allowance.
Plaintiff
After that request of the defendant, the company listed the defendant as a recipient of benefits in the form from January 2010 to January 2013 and paid only wage tax on behalf of the defendant. Since January 2010, the defendant did not have worked for the plaintiff company, and there is no retirement allowance claim since there was no wage payment from the plaintiff company.
B. According to the overall purport of evidence Nos. 2, 3, 5, and 6, the Plaintiff Company paid the labor income tax to the Defendant from 2007 to 2013. The Defendant was reported from December 11, 2006 to January 31, 2013 as having acquired the Plaintiff Company’s health insurance employee qualification, and on February 13, 2009, as internal director of the Plaintiff Company, appointed the Plaintiff Company as of February 13, 201.