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(영문) 서울중앙지방법원 2020.08.27 2019가단5233358

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 8, 2016, the Plaintiff and the Defendant were appointed as a director of an incorporated association C (hereinafter “instant federation”), and the Defendant was elected on April 8, 2016 at the board of directors and general assembly of the instant federation as the president, who is the representative of the instant federation.

Accordingly, in the registration of the federation of this case, registration of restriction on the power of representation is made to the effect that there is no representative authority except the defendant.

B. On March 31, 2016, before the Defendant was elected as the president, the term “debt performance agreement” between the Plaintiff and the Defendant (hereinafter “instant agreement”) was prepared, and the main contents thereof are as follows.

- Recognizing the obligations of the Federation in accepting the instant federation, the Defendant, the president of the present Federation, shall pay the Plaintiff, as follows:

The debts of the federation of this case are seven million won or more as follows:

: D (Loan) 25,000,000 won, E (Loan) 15,000,0000 won, Plaintiff (Additional Deposit) 30,000,000 won - The repayment period shall be from April 1, 2016

9. up to 30.

- The repayment of the above amount shall take precedence over repayment when the development fund of the director of the Federation has been deposited, and the proceeds of the consultation shall take precedence over repayment of the obligation.

On the other hand, at the bottom of the instant agreement, the term “seven million won shall be jointly and severally resolved by the Plaintiff and the Defendant.”

C. The articles of association of the instant federation stipulate matters concerning the disposal, acquisition, and borrowing of property as the resolution of the general meeting (Article 21). In addition, where the federation is required to bear obligations, the said federation shall obtain approval from the main office following the resolution of the general meeting.

(Articles 31 and 32). 【Ground of Recognition】 There is no dispute, Gap’s 1, 2, and 3, Eul’s 2, and the purport of the whole pleadings.

2. Summary of the parties’ assertion

A. The federation of this case where the plaintiff asserted as the president was the plaintiff, 30,000,000 won received from the plaintiff, 15,000,000 won borrowed from E, and d.