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(영문) 수원지방법원안양지원 2016.09.22 2016가단361
출연금반환
Text

1. The Defendant B General Assembly shall pay to the Plaintiff KRW 200,000,000 as well as 15% per annum from February 2, 2016 to the date of full payment.

Reasons

Around January 9, 2010, the Plaintiff entered into an agreement (hereinafter “instant agreement”) with the Defendant B General Assembly (hereinafter “Defendant General Assembly”) to normalize the University of New School (hereinafter “instant school”) for the following terms: (a) around January 9, 2010, the Plaintiff entered into the agreement (hereinafter “instant agreement”).

The plaintiff shall contribute approximately five billion won (including real estate) to the defendant's general meeting under the condition of normalization of the school of this case.

The Defendant General Assembly does not use the above contributions for any purpose other than normalizing the school of this case.

Where the normalization of the school of this case is not possible, the Defendant Assembly shall refund the said contributions to the Plaintiff.

On the other hand, on February 8, 2010, the Defendant General Assembly’s prior right to normalization of the instant school (D) paid KRW 1 billion to E by the Head of the Secretariat before the Cnew School of the instant school, subject to cooperation in the normalization of the instant school. The Plaintiff jointly and severally guaranteed this obligation.

Pursuant to the instant agreement, the Plaintiff contributed KRW 200,000 to the Defendant’s general meeting on February 8, 2010, and this money was paid to E on the same day in accordance with the agreement between the NA and E.

After that, on March 9, 2010, the Plaintiff prepared a letter of contribution embodying the instant agreement at the Defendant’s general meeting and promised not to institute a civil lawsuit against the instant school even if the instant school is not normalization.

On April 2010, the Plaintiff promised to liquidate the liabilities of the instant school by paying the amount equivalent to the instant school liabilities to the private school liabilities immediately before the establishment of the regular director, which was passed by the Private School Dispute Mediation Committee to normalize the instant school at the Defendant’s general meeting for the normalization of the instant school.

The school of this case was not normalization in accordance with the plan to normalize the school of this case at the Defendant’s general meeting.

The defendant maintenance foundation is established for the purpose of owning and managing the property of the general meeting of the defendant, and owns and manages the property of the defendant general meeting.

[Reasons for Recognition] There is no dispute, A.

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