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(영문) 의정부지방법원고양지원 2015.09.24 2015가단15897

대여금

Text

1. The Defendants jointly and severally against the Plaintiff KRW 50,00,000 and each of them shall be against the Defendant B from March 2, 2012.

Reasons

1. Basic facts

A. On December 20, 201, the Plaintiff entered into an agreement on the close cooperation system with mutual faith and joint efforts to support the rights, interests, and self-reliance of persons with disabilities and to establish a sound funeral culture with regard to the establishment of a mutual trust and mutual efforts.

B. On December 23, 2011, the Plaintiff lent KRW 20,000,00 to Defendant B with respect to the establishment of “E”, which is a profit-making business entity of the instant Association. Upon the establishment of the said welfare service center and the conclusion of the said branch contract between the Plaintiff and the said welfare service center, the said loan is offset against the Plaintiff’s payment of subsidies for business promotion to the said welfare service center. If the establishment of the said welfare service center and the conclusion of the said branch contract are not made by March 1, 2012, Defendant B agreed to immediately repay the said loan to the Plaintiff, and Defendant C jointly and severally guaranteed the said debt owed by Defendant B.

C. On February 9, 2012, the Plaintiff again lent KRW 30,000,00 to Defendant B. Upon the issuance of the instant business license, the Plaintiff decided to offset the said loan by substituting the Plaintiff’s business promotion subsidy to the sales division with the Plaintiff’s business promotion subsidy. If the establishment of the sales division and the conclusion of the branch contract are not made by March 1, 2012, Defendant B agreed to immediately repay the said loan to the Plaintiff, and Defendant C jointly and severally guaranteed the said debt owed by Defendant B.

Defendant B failed to establish the above welfare facility by March 1, 2012, and thus failed to conclude the contract with the Plaintiff.

E. On February 1, 2012, Defendant B entered into a contract with the Plaintiff and F (State G) independent branch, and affixed the official seal of the instant Association at the time of entering into the contract with the Plaintiff and F (State) independent branch. On March 14, 2012, Defendant B registered the business with H, but the said independent branch’s contract and business registration are regardless of the instant Association.