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(영문) 수원지방법원평택지원 2015.11.30 2015가단4745
대여금
Text

1. Defendant B’s KRW 24,303,344 as well as 5% per annum from November 1, 2012 to November 30, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant C Association, an incorporated association, (hereinafter “Defendant C Association”), based on the academic concept of asbestos, is an organization established to contribute to national health by research and educational activities on the risk of scattering asbestos used in buildings, etc. in the atmosphere as well as the handling and treatment process of asbestos, soil, water quality, asbestos generated, safety management of asbestos buildings, prevention of industrial accidents, etc.

B. Defendant B, on January 5, 2007, was appointed as a director having the power of representation of the Defendant C Association, and resigned on March 20, 201. On May 20, 201, he again retired from office as a director on May 20, 201.

C. The Plaintiff transferred KRW 10,000,000 to D’s account on March 9, 2009, KRW 20,000,000 to D’s account on May 4, 2009, and KRW 20,000 to D’s account on August 25, 2009, respectively.

On June 20, 2012, Defendant B: (a) prepared a loan certificate stating that “the date of repayment shall be December 30, 2009, and the repayment shall be made on December 29, 2014; and (b) the payment of interest shall, in principle, be made in lump sum with the principal by applying the loan interest rate of a commercial bank on the date of repayment; and (c) may be extended, etc. in accordance with mutual agreement, according to the circumstances; (d) signed and sealed his/her seal on the bottom of the above loan certificate; and (e) affixed the seal of the Defendant C Association’s signature on the bottom of the above loan certificate, stating that it is the president of the Defendant C Association B.

E. The Defendant C Association paid KRW 31,039,170,000 as the monthly salary between January 2010 and October 2012 to F, who is the Plaintiff’s spouse.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 1 through 4 (including Serial number), the whole purport of pleading

2. According to the above basic facts as to the claim against the defendant B, the plaintiff and the defendant B are about 50,000,000 won.

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