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(영문) 수원지방법원안산지원 2016.11.30 2015가단4887
대여금
Text

1. The Defendant’s KRW 50,000,000 and its amount are 5.85% per annum from September 22, 2008 to January 27, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a management body of B buildings (hereinafter “instant building”) located on the land of 3,443.1 square meter and E large 3,448.4 square meter in Sii-si, Sii-si.

The building of this case consists of 440 sectioned stores.

B. The Plaintiff was a general director of the Defendant from April 2002 to March 2006, and was the head of the Defendant’s association from April 2006 to April 2013.

C. On November 22, 2004, the Plaintiff promised to lend KRW 50,000,000 to the Defendant, and the interest was paid at the agreed interest rate (5.85% per annum).

(hereinafter “instant loan”). D.

On December 7, 2004, the executive officers of the Defendant ratified the instant loan with the consent of all the attendance and attendance of the president of the partnership, two vice presidents of the partnership, six directors, eight of the total nine officers, and eight of the nine officers.

E. The Defendant paid interest to the Plaintiff up to August 2008.

F. The part concerning the instant case in the Defendant’s articles of incorporation is as follows.

Article 11 (General Meeting of Members)

1. A cooperative shall hold a general meeting of all its members;

3. The head of an association shall, if deemed necessary, convene an extraordinary general meeting after the resolution of the board of directors.

Provided, That where at least 1/5 of members or all auditors request the convocation of a general meeting by presenting the purpose of the meeting, the head of the association shall convene an extraordinary general meeting.

4. Where the head of an association fails to convene an extraordinary general meeting within seven days even though he/she has requested to convene an extraordinary general meeting under the proviso to paragraph (3), an auditor may convene an extraordinary general meeting;

Article 12 (Matters to be Resolved by General Meeting)

2. Matters concerning the election and approval of officers. Article 14 (Board of Directors)

1. A cooperative shall have the president and directors' board of directors to execute the affairs of the cooperative;

2. The board of directors shall attend the meetings of the majority of the board of directors and adopt resolutions with concurrent votes of more than a majority

5. The board of directors shall conduct the following affairs:

㉠ 조합의 예산 및 통상업무의 집행에 관한 사항 ㉣ 기타 조합의 운영 및 사업시행에 관하여 필요한 사항 제16조...

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