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(영문) 서울중앙지방법원 2016.09.27 2014가단173852
대여금
Text

1. The Defendant’s KRW 42,591,035 as well as 5% per annum from January 27, 2014 to September 27, 2016 to the Plaintiff.

Reasons

1. The following facts alleged by the Plaintiff as to the cause of the claim are: (a) around 2007, the Plaintiff (STX panty corporation prior to the change) loaned 60,415,000 won to the Defendant’s employee shares distributed to the Defendant under an agreement between the employee stock ownership association (hereinafter “instant agreement”); (b) according to Article 6 of the instant agreement, the Plaintiff is obliged to repay the entire amount of loans to the Plaintiff and the expenses paid in advance by the Plaintiff (such as the advance payment of interest and the cost of establishing a pledge) within one month from the date of retirement; (c) on the other, the Plaintiff did not pay the Defendant employee shares paid to the Defendant 50,415,000 won for the acquisition of the employee shares for the security of the Defendant’s financial institution loans (hereinafter “STX panty corporation”); and (d) the Plaintiff’s payment of dividends to the Plaintiff from 201 to 2016,2016 to 2016.271.

Therefore, comprehensively taking account of the above facts acknowledged, since the Defendant’s repayment period for the Defendant’s obligation to the Plaintiff came on January 26, 2014, which was granted by the Plaintiff after the Defendant’s retirement date, the Defendant is obligated to pay to the Plaintiff one another the interest of KRW 70,480,285 (i.e., KRW 60,415,00, KRW 300, KRW 300, KRW 300, KRW 16,303, KRW 744, KRW 6,311,459) and damages for delay from January 27, 2014, which is the following day.

2. The judgment on the Defendant’s assertion is based on the Plaintiff’s assumption of repayment between the Plaintiff and the Plaintiff upon retirement of the Plaintiff company (hereinafter “instant assumption”).

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