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(영문) 수원지방법원여주지원 2016.10.19 2015가단24692
대여금
Text

1. The Defendant’s KRW 85,294,386 as well as the Plaintiff’s KRW 20% per annum from September 26, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On July 2008, when the Defendant, while working for the Plaintiff Company, applied for the preferential allotment of employee shares, 50% of the subscription price, 50% of the subscription price, and 50% of the remainder, at financial institutions, obtained loans from the Plaintiff Company as interest-free interest rate, and entered into an agreement on the loans of the Plaintiff Company between the Plaintiff Company and the Plaintiff Company. The term “agreement on the loans of the Plaintiff Company” was determined as interest-free interest rate, and the due date for payment was determined as at the time of application for withdrawal of employee shares (Provided, That the Defendant’s application for the completion of repayment and withdrawal before the second anniversary of the date of the acquisition of employee shares after the acquisition of the employee shares), and the “written confirmation” was determined as the interest expenses for the loans of the financial institution in advance by the Defendant

B. Under the above agreement, the Defendant borrowed KRW 100,790,000 from the Plaintiff on August 13, 2008, and KRW 100,79,050 from the financial institution, respectively, and the Plaintiff paid 36-month interest on the loans from the financial institution among the above loans (from August 14, 2008 to August 13, 201) and stamp amounting to KRW 17,002,538.

C. On September 3, 2008, the Defendant deposited 5,441 share shares allocated as the above loans with Korea Securities Finance Corporation.

On August 12, 2013, KRW 32,498,152 (total sum of the dividend, company bonus, sales price, etc. from the Defendant’s employee shares) was paid out of the Defendant’s above loans to the Plaintiff.

E. At the time of the above share subscription and loan agreement, the Defendant was in office as an injury member of the Plaintiff Company. On August 31, 2009, the Defendant retired the Plaintiff Company and transferred it to C Group affiliate, and was in office as a managing director by not later than 2013.

See 3 pages of the defendant's reference documents dated September 12, 2016. See . . . / [Grounds for recognition] without dispute, Gap's descriptions of evidence Nos. 1, 2, 3, and 7, and the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of claim, the defendant extended loans, etc. to the plaintiff 17,792,538 = Company loans, etc., except in extenuating circumstances.

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