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1. The defendant's 180,000,000 won to the plaintiff and 36% per annum from August 2, 2001 to June 29, 2007 and June 2007 to the plaintiff.
Reasons
1. Basic facts
A. 1) The defendant is an incorporated foundation established with the permission of incorporation on June 24, 1995 for the purpose of the creation, maintenance and management of the park cemetery. 2) The main contents of the defendant's articles of incorporation are as follows.
Article 1(Purpose)The purpose of this Corporation is to contribute to the efficient utilization of national land and the welfare of the people by promoting parkation and standardization of cemeteries through the creation and sound operation of modern parks, cemeteries and charnel facilities, in response to relevant Acts and subordinate statutes, and other administrative laws and subordinate statutes, and in response to government policies, by improving and developing traditional graveyard systems.
To achieve the purpose of Article 4 (Business) 1, the following shall be carried out:
1. Creation, maintenance and management of the cemetery in a park; 10. Other projects incidental thereto; Article 23 (Property) (1) of this Act shall consist of the following:
1. Property donated as an endowment;
2. Ordinary property other than an endowment;
3. Revenues generated from fundamental property and ordinary property;
4. Other revenues or property generated from the operation of a business, and Article 25 (Management of Property) (1) If it is intended to acquire, sell, donate, receive, provide security, exchange, replace, or dispose of basic property of a corporation, the approval of the Governor shall be obtained through a resolution of not less than 2/3 of the registered
(2) A loan may be used by a resolution of at least 2/3 of the registered directors, if a loan for a project is required for the purpose of cemetery creation cost, operating fund, etc. of a corporation.
B. 1) On December 2, 2000, the Plaintiff loaned KRW 180,000,000 to the Defendant on June 2, 2001, with a maturity of KRW 3% per annum. C and D jointly and severally guaranteed the Defendant’s above loan obligation against the Plaintiff (hereinafter “instant loan loan agreement”), and the said loan is “the instant loan loan”).
(2) On December 2, 2000, the Plaintiff raised objection with the Defendant.