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(영문) 서울고등법원 2015.05.12 2014나35879
청구이의
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B (hereinafter “B Association”) under the name of the Association B, as the instant business partnership agreement and loan agreement

C) On March 1, 2008, the secretary general of the Secretariat, C, Co., Ltd. (hereinafter referred to as “Coultex”) shall be Coultex Co., Ltd.

) As between B and B, the Association purchases a yacht through Calultex and cooperates to use it, and instead bears the obligation to support yacht education to the members recruited by Calultex, etc., a business partnership agreement with the content that Calultex shall pay to B, for a period of 60 months a contribution equivalent to KRW 6,227,507 per month, to be paid by Calultex (A3; hereinafter referred to as the “instant business partnership agreement”).

2) Around March 14, 2008, C drafted a loan agreement (around April 1, 2008, 2008, 6,227,507 won per month between the Defendant and the Association (hereinafter referred to as the “instant loan agreement”) with a content that, in order to obtain a written estimate (a total of 300 million won) on three beams and yachts, the Defendant and the Association receive a loan of 300 million won from the Defendant in order to raise the purchase fund.

On the other hand, the loan agreement is written by F, the president of the Association, as joint and several sureties, and F's personal seal impression is affixed in the column of the joint and several sureties.

3) At the time of the instant business partnership agreement and loan agreement, C affixed the B Association’s official seal and seal affixed to the relevant documents such as the agreement (B Association did not register as a non-profit corporation).

The power of attorney on the side of the Association was not granted or submitted separately.

B. On September 13, 2009, the Defendant terminated the instant loan agreement and notified the Association of the termination of the instant loan agreement as of October 9, 2009 due to the long-term default of installment repayment under the instant loan agreement, and urged the repayment of the remaining principal and interest of loan KRW 293,136,877.

(c).

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