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(영문) 청주지방법원 2019.02.13 2018가합3646

청구이의

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. The Plaintiff is a non-profit medical corporation established on September 13, 2010, and the Defendant was the Plaintiff’s director, who retired on September 24, 2013.

B. C was registered as a director of the Plaintiff from September 24, 2010 to September 24, 2013, and from January 24, 2014 to May 17, 2017. During the foregoing period, C was registered as a provision that only C may exercise the power of representation from September 24, 2010 to September 24, 2013; and from January 24, 2014 to December 15, 2016; and from January 3, 2017 to May 17, 2017.

C. As of January 8, 2018, the following agreements (hereinafter “instant agreement”) were drafted between the Defendant and the Defendant. At the bottom of the instant agreement, the Plaintiff’s name is indicated as “president C” in the following paragraphs, and the Plaintiff’s seal impression is affixed thereto. The following agreements are attached thereto:

The plaintiff shall resign from office before the change of the quorum of the director of the articles of incorporation with respect to financing.

After modifying the quorum for director in the articles of incorporation, the defendant shall re-election the director.

The amount that the defendant lent to the plaintiff before the resignation of the director shall be KRW 381,117,480.

(Additional Details). If the defendant becomes aware of his/her appointment as a director, the plaintiff shall pay the borrowed amount immediately when he/she requests the repayment of the principal.

F H I J Ha K L I HE B G G

D. On July 8, 2016, M and N on behalf of the Plaintiff: (a) on July 6, 2016, the Plaintiff commissioned the Plaintiff to prepare a notarial deed of a monetary loan for consumption (hereinafter “instant notarial deed”) to the effect that the Plaintiff borrowed KRW 309,000,000 with the Defendant as the Defendant until December 30, 2016 due date for repayment and until December 30, 2016 (payment as the last day of each month); (b) on the instant notarial deed, the said notarial deed is accompanied by a loan certificate (hereinafter “the instant notarial deed”).

E. On the basis of the instant notarial deed, the Defendant: (a) calculated on February 7, 2018, the amount claimed by the Cheongju District Court 2018 Tju Branch 992 was KRW 309,00,000 in total; and (b) the Plaintiff shall be the Republic of Korea.