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1. The Plaintiff’s obligation based on a subordinate loan agreement dated April 3, 2009 between the Plaintiff and the Defendant is KRW 100,000,000.
Reasons
1. Basic facts
A. The status C of the parties, etc. is a person who is in charge of fund management, etc. while serving as a full-time member of the Plaintiff (a church’s members and an organization cooperation whose members are local residents) from around 2003 to April 2014. The Defendant is the mother of C.
B. On April 3, 2009, C entered into a subordinated loan agreement with the Plaintiff: (a) in the name of C; (b) up to April 3, 2014; (c) up to five years; and (d) interest rate of 4.5%; and (b) pursuant to the Defendant’s name, a subordinated loan agreement with the Plaintiff to lend KRW 350 million to the Plaintiff on the same condition (hereinafter “instant agreement”); and (c) on the same day, the Plaintiff paid KRW 350 million in the name of C; and (d) KRW 300 million in the name of the Defendant (hereinafter “instant subordinated loan”).
C. C’s embezzlement and set-off 1) around December 28, 2011, C changed the amount of KRW 1.5 billion as stated in the real estate lease agreement entered in the Plaintiff’s name and made a resolution of expenditure for KRW 300 million in the difference. On December 29, 2011, C embezzled the Plaintiff’s account with arbitrarily withdrawing KRW 300,000,000 from January 3, 201, KRW 180,000,000,000 from the Plaintiff’s account, and embezzled KRW 30,000,000 from February 15, 2012 (hereinafter “Embezzlement of security deposit”).
(2) Around October 24, 2013, around October 24, 2013, the Plaintiff’s office had been engaged in the 365 automated copier construction work, and then arbitrarily withdrawn KRW 13.2 million from the Plaintiff’s account and embezzled the construction cost (hereinafter “Embezzlement of construction cost”).
(2) Around April 2014, the Plaintiff became aware of the embezzlement of C as seen above, (i) KRW 650,000,000,000 (= KRW 350,000,000,000) out of KRW 350,000,000,000,000 for subordinated loans to C and Defendant whose maturity comes due (i) KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000 won, and KRW 49,8,000,000,000