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(영문) 서울중앙지방법원 2019.10.02 2018가단5259773

대여금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

The defendant is an incorporated association established with the permission of the Minister of Employment and Labor on August 9, 2012 for the purpose of developing and researching career development programs and education and training for improving individual job ability.

Plaintiff

B was appointed as the representative director of the defendant (hereinafter referred to as "president") on March 2, 2017, and resigned on February 27, 2018, and the plaintiff A was appointed as the defendant's director on March 2, 2017 as the wife of the de facto marital relationship between the plaintiff B and the defendant on August 17, 2018.

Plaintiff

A deposited KRW 114,90,00 in total on seven occasions from August 1, 2016 to November 30, 2016; KRW 61,943,750 in total on 13 occasions from December 1, 2016 to August 23, 2017; and KRW 6,50,000 in each Defendant’s account from December 1, 2016 to August 23, 2017; and Plaintiff C deposited KRW 6,50,000 in each Defendant’s account.

(hereinafter “each of the instant admission amounts”). [The grounds for recognition] did not dispute.] The Plaintiffs asserted that the Plaintiffs leased each of the instant admission amounts to the Defendant, as to the respective entries in Gap evidence Nos. 1 through 3, and the purport of the entire pleadings.

Therefore, the defendant is obliged to pay each of the inputs of this case, the principal of the loan for consumption, and its delay damages to the plaintiffs.

On August 1, 2016, the management acquisition agreement was concluded between Plaintiff B and the president G of the defendant corporation on August 1, 2016, on which E and F, who operated the defendant corporation, will be able to receive the 100 million won loan from the defendant corporation to the plaintiff corporation, and the management acquisition agreement was concluded between the plaintiff B and the defendant corporation. If the management acquisition agreement between the plaintiff and the defendant is viewed as a loan agreement between the plaintiff and the defendant, the management acquisition agreement between the non-profit corporation is null and void, and the defendant should return the amount received from the plaintiffs as unjust enrichment.

The plaintiff lent money to the parties in the judgment of the loan claim even if there is no dispute as to the fact that money was given and received.