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(영문) 서울중앙지방법원 2011.10.28 2010가합126671

대여금

Text

1. The Plaintiff, Defendant B Building Props Association, E, and Defendant D, and F respectively, are 1.9 billion won. The above Defendants and each of the above Defendants.

Reasons

1. Basic facts

A. The Plaintiff is the prop of the building G located in Jung-gu Seoul, and the Defendant Prop is an unincorporated association composed of the props of the building B. Defendant C is a member of the Defendant Prop from around 2000 to around 2009, Defendant D is the chairman of the Defendant Props Meeting from October 2006 to February 2008, Defendant E is the chairman of the Defendant Props Meeting, Defendant E is the chairman of the Defendant Props Meeting from January 2006 to 2008, and Defendant F is the person who was in charge of each position of the director of the Defendant Props Financial Board from June 2005 to 2008.

B. On Apr. 19, 2005, the Plaintiff lent KRW 300 million to the Defendant Props Association. On Dec. 19, 2006, the Plaintiff was issued a promissory note with the face value of KRW 300 million on Dec. 19, 2006, the date of payment, January 19, 2007, the date of issuance, December 19, 2006, Defendant D and F. On Nov. 15, 2005, the Plaintiff lent KRW 100 million to the Defendant Props Association, and the Plaintiff was issued a promissory note with the face value of KRW 100 million on Dec. 14, 2006, the date of payment, January 14, 2007, and the date of payment, December 14, 2006, Defendant D and F.

C. Around 2007, the Defendant Props Association decided to extend the building B, and D, E, and F, which had the president and executive officers of the Defendant Props Association, decided to obtain a loan from the Plaintiff, and the date of the loan from the Plaintiff was delegated to the Defendant C, who is the former director of the Defendant Props Association at the time.

On November 29, 2007, the Plaintiff agreed to substitute the payment of KRW 2 billion in total of KRW 300,000 from April 19, 2005 and KRW 400,000 from November 15, 200 to the Defendant Props Association (hereinafter “instant loan”). The Plaintiff loaned KRW 2 billion in total to the Defendant Props Association (hereinafter “instant loan”), KRW 2 billion in interest for five months, KRW 2 per month, and the purpose of the loan is the construction cost for extension of building B, and KRW 400,000 in total, KRW 400,000 from the Defendant Props Association (hereinafter “instant loan”).

(hereinafter referred to as "the instant loan agreement". On November 29, 2007, Defendant D prepared a receipt that he received KRW 2 billion to the Plaintiff.

E. The plaintiff around that time.