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1. The Defendant’s KRW 30,386,540 as well as the annual rate from January 2, 2014 to June 9, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On July 31, 2012, the Plaintiff, an employee of the Plaintiff, sold to the Defendant B Ecoos Vehicle B owned by the Plaintiff (hereinafter “instant vehicle”), for KRW 40,000,000. In this regard, on the same day, the Defendant confirmed that the Plaintiff borrowed KRW 42,89,200 (i.e., KRW 40,000 in the instant vehicle’s purchase price and KRW 2,89,200 in the registration cost (= KRW 40,000 in the instant vehicle’s KRW 2,89,200) from the Plaintiff, and prepared and issued a certificate of money tea (hereinafter “the instant certificate of money tea”) with a view to deducting a certain amount from the monthly salary in a non-interest-free portion for 48 months.
B. After that, until February 6, 2014, the Defendant repaid KRW 12,512,360 in total to the Plaintiff several times by deducting a specified amount from the monthly salary, but on January 1, 2014, the Defendant did not pay the installment amount according to the instant monetary tea certificate after the withdrawal of the Plaintiff company.
[Ground for Recognition: Facts without dispute, entry of Gap 1 through 3, purport of the whole pleadings]
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, it is clear that the Defendant was unable to pay the above installment by withdrawing the Plaintiff Company on January 1, 2014, and as long as the Defendant did not pay the installment in accordance with the monetary tea certificate of this case by any other means, it is reasonable to deem that the Defendant lost the benefit of time by withdrawing the Plaintiff Company on January 1, 2014, and that the Defendant lost the benefit of time. In addition, it is clear that the Defendant still remains 30,386,840 won (=42,89,200 - 12,512,360 won - 12,512,360 won) under the monetary tea certificate of this case against the Plaintiff. Accordingly, the Defendant is clear from January 2, 2014 to June 1, 2016, which is the date following the date on which the Plaintiff lost the benefit of time payment order of this case.