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(영문) 서울남부지방법원 2017.04.07 2017가단3486
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 70,01,382 and the interest rate of KRW 15% per annum from July 16, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On July 2007, the Plaintiff (the Plaintiff, prior to the change, STX panty corporation) lent KRW 58,695,000 as the price for subscription to acquire the employee shares distributed to the Defendant pursuant to an agreement between the employee stock ownership association and the employee stock ownership association (hereinafter “instant agreement”).

B. Under the instant agreement, when a private partner retires even during his retirement, the Plaintiff’s loans to the private partner and the Plaintiff’s prepaid expenses (such as interest advance payment by financial institutions, pledge establishment expenses, etc.) were determined to be repaid in full within one month from the date of his retirement.

(Article 6). (c)

On the other hand, the Plaintiff borne KRW 3,00, KRW 70,000, KRW 17,309,218 on behalf of the Defendant for the Defendant’s guarantee of the Defendant’s financial loans to the Bank of Interest, and interest on the Bank of Interest on behalf of the Bank of Interest. Of the above amount, some of the above amount was appropriated from around 2008 to 2012 as KRW 6,065,836, which was the amount repaid by the Defendant from around 2012.

On December 19, 2015, the Defendant retired the Plaintiff Company.

E. On February 2, 2016, the Plaintiff urged the Defendant to perform obligations, such as loans.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, since the period of repayment of the Defendant’s loan to the Plaintiff came one month after the Defendant retired from the company of this case, the Defendant is obligated to pay to the Plaintiff the amount calculated at the rate of 15% per annum from July 16, 2016 to July 16, 2016, which is the day following the day when the original copy of the instant payment order was served to the Defendant, to the extent that the Defendant is calculated at the rate of 15% per annum from July 16, 2016 to July 16, 2016 under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

B. The defendant's judgment on the defendant's assertion is an affiliate unilaterally without the defendant's consent.

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