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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact of recognition is that the Plaintiff is the former president of the school juristic person C (hereinafter “C”), and D, the husband of the Plaintiff, is the former president of C.
The defendant was the former secretary general of the E-university, and the plaintiff's husband as the plaintiff's husband of F.
[Reasons for Recognition] Facts without dispute, purport of whole pleading
2. The parties' assertion
A. The Plaintiff received a request from the Defendant to lend money under the pretext of purchase of real estate and social activities of its children. The Plaintiff lent 500 million won or more to the Defendant from around 2000 to early 2005.
Accordingly, in May 2005, the Defendant prepared and ordered the loan certificate (No. A. 1; hereinafter “the loan certificate of this case”) to the Plaintiff.
The defendant is obligated to pay to the plaintiff the above loan amount of KRW 500 million and damages for delay.
B. The defendant did not borrow KRW 500 million from the plaintiff.
The loan certificate of this case is not drawn up as the intent of monetary lending or to repay debts.
C On June 20, 2005, the Plaintiff’s husband D, who was the president of the E-university, instructed G, who was the president of the E-university, to “Is to obtain a loan certificate from the Defendant, who is the secretary general, and only the Defendant married, may refuse to prepare a loan certificate if the written request is made by only the Defendant married, so it may be refused to do so formally.” D instructed the Defendant to “Is to receive a loan certificate from the secretary general, so Is to cooperate with the Secretary General so that Is can submit it together with a loan certificate.”
Accordingly, G, at the school affairs council, ordered the members of the school affairs council to prepare a loan certificate in order to distribute the form of the certificate of official loan, such as address, resident registration number, name, etc., to the members of the school affairs council, and to prevent the internal problem from being leaked to the outside.
G and some members, including the Defendant, are unable to refuse D instructions, to prepare a loan certificate and to G.