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(영문) 청주지방법원 2019.04.12 2018가합4397

배당이의

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

(b) the facts of the basis;

A. The status of the parties 1) Non-Party medical corporation E (hereinafter “Non-Party medical corporation”).

(2) The Defendant was a director of the Non-Party Foundation, and was retired on September 24, 2013.

Nonparty F was a director of Nonparty Foundation from September 24, 2010 to September 24, 2013, and from January 24, 2014 to May 17, 2017.

(A) During the foregoing period, there was a registration of a provision on the restriction of the power of representation that only F may exercise the power of representation from January 24, 2010 to September 24, 2013, from January 24, 2014 to December 15, 2016, from January 3, 2017 to May 17, 2017. Nonparty G was the auditor of the Nonparty Foundation from November 28, 2010 to February 9, 2011.

* Medical Corporations E (Outgoing Foundation) will resign from office and take office by C (Defendant) before the quorum of director of the articles of incorporation is changed with respect to financing.

* After the change in the quorum of directors in the articles of incorporation C (Defendant) will be re-appointed to directors.

* The amount loaned to the medical corporation E (Nonindicted Foundation) prior to the resignation of the director by C(Defendant) shall be 381,117,480 won.

(Additional Details) . * If C (Defendant) becomes aware of the appointment of a director, a medical corporation E (Occinal Foundation) shall pay the borrowed amount immediately when the principal makes a request for the repayment.

B. On January 8, 2018, the Defendant and the Nonparty Foundation drafted a written agreement (hereinafter “instant agreement”) with the following contents. At the bottom of the instant agreement, the name of the Nonparty Foundation indicated as “F” in the following paragraph, and the seal impression of the Nonparty Foundation is affixed thereto, and the following is attached thereto:

CJ I K K L L L MNO

C. On July 8, 2016, G on behalf of the Nonparty Foundation and P on behalf of the Defendant: (a) on July 6, 2016, Nonparty Foundation entrusted Nonparty Foundation with the preparation of a notarial deed of a monetary loan agreement to the effect that it borrowed KRW 309,000,000 as Defendant on July 6, 2016, by setting the maturity date until December 30, 2016, and 4% per annum (payment on the last day of each month) as interest (hereinafter “instant notarial deed”); and (b) on the instant notarial deed, the notarial deed of this case is above.