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Reasons
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(영문) 의정부지방법원 2019.10.11 2018가합51867
대여금
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1. The Defendant’s KRW 19,846,318 for the Plaintiff and KRW 5% per annum from June 26, 2019 to October 11, 2019 for the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a redevelopment and consolidation project partnership with the authorization of establishment on January 7, 2014 for the purpose of redevelopment project for the Namyang-si, Namyang-si, and the Plaintiff was the head of the Defendant’s partnership from January 7, 2014 to February 8, 2018, the date of authorization for the establishment of the Defendant (hereinafter “instant promotion committee”).

B. On September 10, 2012, the Plaintiff lent a total of KRW 99,02,110,00, including remitting KRW 20,000 to the instant promotion committee.

C. The Plaintiff loaned total of KRW 220,000,000 to the Defendant on November 24, 2014 (i.e., KRW 10,000,000 on October 21, 2014) (i.e., remittance amounting to KRW 20,000,000 on November 24, 2014), KRW 180,000,000 on June 10, 2016, and KRW 5,00,000 on March 27, 2017 and July 4, 2017).

On February 26, 2018, the Plaintiff lent to the Defendant the instant promotion committee and the Defendant KRW 319,022,110 as its executives (i.e., the instant promotion committee: KRW 99,02,110; KRW 220,00,000; hereinafter “instant loan”); the Plaintiff’s change in the situation of resignation of the head of the association occurred; and on November 24, 2013 and June 10, 2016, KRW 10,000,000,000,000 were lost due to overdue interest; thus, the Plaintiff sent the instant loan to the Defendant within a reasonable period, and the said content certification reached the Defendant at that time.

E. Meanwhile, on September 16, 2018, the Defendant held an extraordinary general meeting and ratified all kinds of loans (loans) and confirmed all of the loan 319,02,110 won against the Plaintiff. The Defendant passed a resolution on the payment of the loan interest rate according to the resolution passed at the general meeting of June 26, 2015.

F. On February 20, 2019, the Defendant repaid KRW 244,959,510 of the principal of the instant loan to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 8, 9, 10, and Eul evidence Nos. 1 through 5, 13.

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