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(영문) 광주지방법원 2018.02.14 2016가단521704
대여금
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from August 22, 2017 to February 14, 2018.

Reasons

1. Basic facts

A. The defendant is a school foundation that establishes and operates C High Schools and D Middle Schools under its jurisdiction, and the plaintiff served in C High Schools from March 5, 1984, and from March 1, 2004, the defendant serves as a sports teacher in D Middle Schools.

B. The Plaintiff’s monetary loan 1) Nonparty E, a founder of the Defendant educational foundation, was holding office as the president of the Defendant from April 25, 2003, and died on or around March 15, 2006. (2) On January 31, 2005, the Plaintiff, at the time of the Plaintiff’s request, agreed to pay KRW 120,000,000 (hereinafter “the instant loan”) five months after receiving a request from Nonparty E, the president of the Defendant, and lent KRW 120,000 (hereinafter “the instant loan”). Nonparty E used the instant loan as school operation funds.

3) The Plaintiff’s above KRW 120,00,000 on the date of loan ( January 31, 2005) (hereinafter “the cash custody certificate of this case”) is the cash custody certificate for the instant loan from Nonparty F, the third-nam of Nonparty E (hereinafter “the cash custody certificate of this case”).

(1) On July 21, 2008, upon receipt of the Plaintiff (Evidence No. 8), Nonparty F: (a) prepared and delivered to the Plaintiff a “written statement of payment for cash custody” stating that “The Plaintiff promised to pay KRW 120,000,000 in connection with the cash custody certificate of this case by November 15, 2008 (Evidence No. 9); (b) Nonparty G, the head of Nonparty E, after Nonparty’s death, promised to pay the total amount of the loan of this case to Nonparty E by September 30, 2009; and (c) loaned the loan of this case from Nonparty 1 to the end of 2015, the Plaintiff received the loan from Nonparty 4 to the end of 15, 2015, from around 31, 2005 (Evidence No. 10-1, 24).

Gap evidence No. 12-1, 2, .

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