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(영문) 대구고등법원 2018.11.21 2018나21914
대여금
Text

1. The judgment of the first instance, including the primary claim added by this court, shall be modified as follows:

Reasons

1. Basic facts

A. 1) The defendant (former title: Social Welfare Foundation C) was established on June 25, 1962 for the purpose of protecting children in need of relief pursuant to the former Child Welfare Act (wholly amended on April 13, 1981). The defendant changed the purpose of its establishment on October 8, 2002 to “contribution to the promotion of social welfare by carrying out the business stipulated in Article 2 of the Social Welfare Services Act, etc.” 2) D was employed as the defendant director from July 1, 1991 to April 5, 2013, while serving as the defendant representative director from July 24, 1999 to April 28, 2013. However, on June 28, 2013, the defendant had resigned from the corporate register on March 3, 2017.

B. Payment and terms of the contract for the transfer of the Defendant’s operating right

1. Eul (E) shall replace one of the seven corporate directors of Eul (D) with each other, and at the same time pay 250 million won as down payment out of the proceeds of transfer or acquisition of a corporation to Eul (D);

2. up to February 28, 2015, Eul shall pay Gap the amount of KRW 750 million out of the transfer proceeds of a juridical person and KRW 1 billion in total of KRW 300 million out of the transfer proceeds of a juridical person, and at the same time, Gap shall replace Eul with a person designated by Eul three directors of a juridical person.

6. A corporation shall pay KRW 100 million to A at the same time with the completion of the replacement of 3 medical care centers for older persons under its control.

8.A shall, within one year after receiving a total of KRW 1.4 billion from B, transfer to B all facilities ownership and operating rights belonging to a juridical person including G, including G, and replace the corporate representative with a person nominated by B.

9. A shall pay A any balance of KRW 200 million to B, simultaneously with the transfer of ownership and operation rights of all facilities under his/her control to B and the representative director.

10. Eul returns to Eul, including all amounts received by Gap for a limited period of time by the end of February 2016 as the amount of its transfer and takeover by the end of February 201, and 150 million won of compensation.

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