beta
Text
1. The Defendant: (a) from September 7, 2017, the Plaintiff’s KRW 347,590,484; and (b) the Plaintiff’s KRW 279,575,106; and (c) each of the said money.
Reasons
1. Basic facts
A. The Defendant (former title: Social Welfare Foundation D) is a social welfare foundation for the purpose of establishing and operating a center for supporting the elderly at home, and the Plaintiff A served as the Defendant’s founder from April 17, 2006 to May 16, 2014 as the Defendant’s representative director and director.
B. As indicated in the table, Plaintiff A remitted KRW 451,609,384 from August 28, 2006 to December 23, 2013 as the project cost and operating expenses, as indicated in the table, to the Defendant, and received KRW 138,018,90 from May 14, 2009 to March 15, 2013.
C. Plaintiff A newly constructed a F building on the land (hereinafter “instant building”) other than Hong-gun E, Chungcheongnam-gun, and paid KRW 20,000,000 to the architect G at its design cost on Mar. 11, 2008, and KRW 14,000,000 on Nov. 6, 2008.
Plaintiff
B from August 28, 2006 to February 1, 2012, at the request of the Plaintiff, remitted KRW 377,517,290 in the name of project costs and operating expenses as shown in the attached Table A, as shown in the attached Table, to the Defendant, and received KRW 97,942,184 from the Defendant from November 29, 2006 to December 24, 2013.
E. The provisions of the laws relating to this case are as follows:
(3) A corporation shall obtain permission from the Mayor/Do Governor in any of the following cases with respect to its fundamental property:
Provided, That this shall not apply to matters prescribed by Ordinance of the Ministry of Health and Welfare.
2. "The amount not less than that prescribed by Ordinance of the Ministry of Health and Welfare" in Article 15 (Permission for Long-Term Loans) (1) of the Enforcement Rule of the Social Welfare Services Act means the amount equivalent to not less than 5/100 of the total amount of long-term loans, including the amount to be borrowed for a long-term period of not less than one year, deducted the total amount of liabilities as at the time of borrowing from the total amount of basic assets.
(2) The amount under paragraph (1).