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(영문) 서울행정법원 2019.05.03 2018구합6959

융자상환금조정신청거부처분무효확인등

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company with the purpose of developing and supplying software and content, and the defendant is a corporation established pursuant to the Small and Medium Enterprises Promotion Act in order to efficiently promote the business for promoting small and medium enterprises, which carries out business such as lending start-up funds.

B. On February 10, 2014, the Plaintiff entered into a loan agreement with the Defendant to obtain a loan of KRW 100 million from the Defendant as follows (hereinafter “instant loan agreement”).

Loan subjects: Loans extended for the exclusive use of youth: Interest rate of 100 million won: 2.9% per annum from February 2, 2014 to February 2, 2019: Interest payment shall be deferred for two years, and interest payment shall be made in equal installments on the date of repayment every three years according to the schedule of repayment of principal and interest: Payment on the date of each month in accordance with the schedule of repayment of principal and interest.

C. On February 13, 2017, the Plaintiff filed an application with the Defendant for the repayment of a loan to the effect that “the repayment of a loan may be made in one million won per month.” D.

On April 10, 2017, the Defendant notified the Plaintiff to the effect that “The result of reviewing the Plaintiff’s application for the adjustment of the repayment of the loan was lost” and “it is impossible to adjust the repayment of the loan due to the Plaintiff’s refusal” (hereinafter “instant notification”).

E. On July 6, 2017, the Plaintiff filed with the Central Administrative Appeals Commission an administrative appeal seeking confirmation of revocation or invalidity on the premise that the instant notification constitutes an administrative disposition. On July 3, 2018, the Central Administrative Appeals Commission dismissed the said appeal on the ground that the instant notification does not constitute an administrative disposition.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 5, and 6, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The defendant's assertion of this case constitutes an administrative disposition that is subject to appeal litigation.