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(영문) 서울중앙지방법원 2014.09.19 2013가합90827
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as 20% per annum from November 30, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant is a juristic person established for the purpose of holding and operating B, and the Plaintiff is a person appointed by the Defendant as the chairperson of C and D Council organized by the Defendant on July 201.

B. On March 7, 2012, the Plaintiff entered into an agreement (hereinafter “instant agreement”) with the Defendant, a chairperson of the organization, to administer the business of soliciting scams necessary for holding DDB (hereinafter “instant film festivals”) from companies and individuals (hereinafter “instant agreement”).

The provisions of Article 6 of that Convention are as follows:

Article 6 (Loans by Chairperson of Organization Committee)

A. “B (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply)” shall provide a lump sum for the smooth operation of the film festivals of this case.

B. “B” shall provide the Defendant with a lump sum of KRW 100 million within one week after this Agreement, and shall provide the Defendant with a lump sum of KRW 100 million per month prior to the award of this case film festivals.

Provided, That it seems that the support funds of “B” and the support funds of “A (the name of the defendant; hereinafter the same shall apply) are dealt with when they are secured, and it appears that they are replaced by the clerical error of “B”.

Compensation shall be given only to the shortage.

C. All financial resources created “A” and “B” shall be integrated and used for the instant film preparation fund or event expenses, and the reserve funds that “B” used after settlement shall be settled and returned, and the remaining amount shall be used for the development fund of the Korean Film Federation, which is an incorporated association, (hereinafter “Korean Film Federation”) or the next event preparation fund under an agreement between “A” and “B” (hereinafter “Korean Film Federation”).

The "A" and "B" shall mutually cooperate and make a donation by preserving KRW 200 million with the development fund of the filmer federation after the event.

C. Pursuant to Article 6 of the instant agreement, the Plaintiff paid a total of KRW 200 million to the Defendant, including KRW 15 billion on March 15, 2012 and KRW 100 million on September 7, 2012 (hereinafter “instant contribution”). The instant film festivals was terminated.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 3 evidence 1, 2, Eul 1 and 13 evidence, and arguments.

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