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(영문) 서울중앙지방법원 2020.02.11 2019나35284

대여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Nonparty D was the chairperson of the Urban Environment Improvement Association Establishment Promotion Committee (hereinafter “Promotion Committee”) and became the head of the Defendant’s association around November 2012 at the time of the establishment of the Defendant (former Name B Urban Environment Improvement Association).

D was dismissed at the general meeting of the Defendant on November 28, 2016, and on April 18, 2018, the registration of retirement was made on November 23, 2014 on the Defendant’s corporate register.

B. On May 26, 201, the Plaintiff entered into a loan agreement with D to lend KRW 50 million for one year from May 26, 201 as the loan expense of the promotion committee (hereinafter “instant first loan agreement”), and issued D a check of KRW 50 million to D on the same day, and received a written confirmation of loan receipt.

C. On October 7, 2011, the Plaintiff issued a copy of the KRW 30 million check to D, and received a certificate of borrowing KRW 30 million from D as of October 7, 2012, with the maturity of payment as of October 7, 2012.

(hereinafter “instant secondary loan agreement”). D.

The Plaintiff issued a copy of the KRW 15 million check from D on January 4, 2012, and received a certificate of borrowing KRW 15 million from D on January 4, 2013 with the due date set as January 4, 2013.

(hereinafter “the third loan agreement of this case”). E.

Around September 27, 2012, the promotion committee sent to the Plaintiff a public notice stating that “a partner selected as a collaborative company at the inaugural general meeting on September 22, 2012 shall request the Plaintiff to lend KRW 10 million out of the expenses of the inaugural general meeting.” On November 22, 2012, the Plaintiff transferred KRW 10 million to the account (Account Number F) of the KBB bank account in the name of “D (E Association Establishment Promotion Committee).”

hereinafter referred to as "the fourth lending agreement of this case"

1) 【Fact-finding without dispute, Gap 1 through 4, and 8 through 11’s evidence, witness D’s testimony, and the purport of the whole pleadings;

2. Determination on the cause of the claim

A. Determination on the claim for the return of loans 1 Plaintiff’s request for a promotion committee is KRW 50 million on May 26, 201.