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1. The Defendant shall pay to the Plaintiff KRW 184,393,084 and the interest rate of KRW 15% per annum from September 15, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On July 2008 and November 2009, when the Plaintiff Company was in office, the Defendant made an application for the preferential allotment of each employee share, and around 50% of the subscription price, and the remaining 50% of the subscription price is the interest-free interest rate from the financial institution, and the Plaintiff Company entered into an “Agreement on the Loans of the Company” with the Plaintiff Company. The term “Agreement on the Loans of the Company” was set as zero-interest, and the due date was set as at the time of application for the withdrawal of employee share (the payment shall be made at the latest before the expiration of 2 years from the date of deposit after the acquisition of employee share acquisition), and the interest expenses for the loans of the financial institution was set as the Defendant’s settlement at the time of withdrawal of shares after the advance payment from the Company every month.
B. In accordance with each of the above agreements, the Defendant obtained each of the loans from the company around August 13, 2008, 69,870,000 won from the financial institution (hereinafter “loan”) 69,882,600 won from the financial institution (hereinafter “B”) and 105,880,000 won from the financial institution on November 13, 2009, and 105,881,000 won from the financial institution (hereinafter “B lending”), and the Plaintiff received each of the loans from the financial institution for 36 months (from September 16, 2008 to August 13, 201) with interest 1,753,244 won and interest 26 months for the loans from the financial institution (from December 23, 2009 to December 23, 201, 203 to December 31, 2015).
C. The Defendant deposited (1) the shares of 685,465 shares allocated as loans on September 3, 2008, and (2) the 1,888,518 shares allocated as loans to each Korea Securities Finance Corporation on December 28, 2009.
The Defendant repaid 16,934,009 won in total, including the dividend, company bonus, and sales price of fractional shares generated when capital reduction of the employee shares, to the Plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings
2. According to the above facts, the Defendant’s total amount of KRW 201,327,093 = Company’s loan amounting to KRW 69,870,000.