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(영문) 서울중앙지방법원 2021.03.11 2019가단5259978

대여금

Text

The defendant shall pay 80,00,000 won to the plaintiff and 12% per annum from April 8, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff, as a dentist, is currently serving as a professor of C University Dental Hospital.

B. On March 15, 2005, the Plaintiff prepared a “non-party special director agreement” with Non-party D (hereinafter “non-party D”) and paid KRW 100,00,000 to the non-party company. The content of the said agreement is as follows.

Article 1 Section 1 of the Special Director Agreement, other than the D Special Director Agreement, shall be appointed as Eul outside directors, and Eul shall develop and appoint the education of products sold by the LA and the general seminars process and participate in seminars, academic meetings, etc. supported by Gap.

Article 3 (Duties of Party A) A shall pay to Party B an annual salary of KRW 24,00,000 in installments (24,00,000), and the Company shall pay the annual salary to Party B after treating the expenses so that it does not bear any tax burden.

Provided, That where B wishes to obtain tax burden, it shall be paid after deducting the amount of tax at his/her own expense.

B shall pay Party A a deposit of KRW 100 million (10,000,000) per day, and until Party A withdraws from or is removed from office, Party A may use it as operating expenses, etc. (the cost of expanding inventory).

Article 4 (Maturity of Contract) A and B shall not be limited to a period and shall maintain lifelong conditions.

However, when Gap and Eul intend to reverse this contract, both Gap and Eul may be destroyed without any condition, and deposit money shall be paid immediately to Eul at the time when the contract is terminated.

(c)

On November 2, 2009, the defendant, who is the representative director of the non-party company, issued to the plaintiff a "certificate of borrowing" with the following contents.

The loan certificate B is operated in the Dispute Resolution Co., Ltd. with the investment of 200 million won in cash, but from March 30, 2010, if B is unable to comply with the loan certificate B, it shall be held liable for all of the liabilities to B who is not a company and return to A, and if it is not possible, A shall exercise its property rights to B and be subject to all the legal responsibilities.

D. The Plaintiff around November 201, 201.