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(영문) 대구지방법원 김천지원 2018.04.13 2017가합16184
대여금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The defendant (the title before the change: the social welfare foundation C) is a social welfare foundation established on June 25, 1962 for the purpose of protecting children in need of relief pursuant to the former Child Welfare Act (wholly amended by the Child Welfare Act, Apr. 13, 1981). The defendant changed the purpose of its establishment on October 8, 2002 to “contribution to the promotion of social welfare by performing 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, 199 to April 24, 2013. The defendant re-signed the defendant to the representative director on June 28, 2013, but resigned on February 28, 2016.

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

1. E is replaced by a person nominated by E from among the seven defendant directors, and simultaneously a down payment of KRW 250 million among the defendant's transfer proceeds shall be paid to D as down payment;

2. By February 28, 2015, E shall pay to D the Defendant’s transfer proceeds of KRW 750 million and KRW 1 billion in total of KRW 300,000,000,000,000 among the Defendant’s transfer proceeds, and D shall replace three directors of the Defendant Corporation to E as designated by E.

6. At the same time, E must pay KRW 100,00 to D with the completion of the replacement of 3 medical care centers for the elderly under the Defendant’s control.

8.D shall, within one year after receiving a total of KRW 1.4 billion to E, transfer its ownership and operating rights to all facilities under the Defendant, including G, to E, and the representative of the Defendant also be replaced by a person nominated by E.

9.D’s transfer to E all the facilities ownership and operation rights under the Defendant-affiliated, and the representative director’s position, and at the same time E shall pay to D any balance of KRW 200 million.

10.E is no longer effective when D returns to E, including any amount received by D as the Defendant’s transfer amount by the end of February 2016, and any compensation of KRW 150,000,000,000, which shall be replaced by a person designated by D whose four directors are replaced.

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