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(영문) 서울중앙지방법원 2019.11.22 2018가단5122291
대여금
Text

1. As to KRW 895,629,463 and KRW 700,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from June 4, 2018 to June 15, 2018.

Reasons

Facts of recognition

The defendant shall be a clan made up of C, and adult male and female descendants aged 20 years or more shall be the clan members.

The defendant appointed D as the president and E at the extraordinary general meeting held on February 11, 2007.

The main contents of the articles of incorporation of the defendant clan are as follows:

Article 9 (Term of Office of Officers) (1) The term of office of officers shall be five years and they may be reappointed.

(2) When the chairperson is absent, the vice-chairperson shall act for the remaining period.

Article 12 (Convocation of Special Meeting) (1) The Chairperson shall issue a notice stating agenda, date and time, and place of convocation seven days prior to the convocation of a general meeting (excluding an ordinary general meeting).

(2) The general meeting may adopt resolutions only for matters of which special resolutions have been notified.

Provided, That this shall not apply to general matters to be resolved.

Article 13 (Matters to be Resolved by General Meeting) A general meeting shall adopt the following matters as the highest resolution body at the plenary session:

(1) Special resolutions.

(b) Appointment and dismissal of executives;

(c) Matters concerning the acquisition and disposition of fundamental property of a clan, etc. and the acquisition and loss of rights thereof. Article 15 (Quorum of General Meeting) (2) An ordinary general meeting may pass a resolution for special resolutions only when a notice for convening an extraordinary general meeting is issued in accordance

On October 9, 2011, the defendant adopted a resolution to re-appoint D as chairperson at an ordinary general meeting of shareholders.

D On November 19, 2012, the Defendant entered into a credit transaction agreement with the Plaintiff under the name of the Defendant, and agreed to receive loans of KRW 700 million from the Plaintiff (hereinafter “instant loans”), and the interest rate was 2.46% of the fixed interest rate base interest rate.

The Defendant lost the benefit of time due to the Defendant’s failure to repay the instant loan, and on June 3, 2018, the balance of the principal and interest of this case as of June 3, 2018 is KRW 895,629,463 (within KRW 700,00,000, interest at KRW 74,986, interest at KRW 195,554,477), and the agreed rate is 6.91%.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, and 8, Eul 1, and Eul 1, and the plaintiff's main purport of the whole argument is the defendant clan.

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