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(영문) 서울동부지방법원 2017.07.06 2016가합103611
대여금
Text

1. Defendant School Foundation B: (a) KRW 240,00,000 and 5% per annum from April 5, 2016 to July 6, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On December 14, 2013, Defendant School Foundation B (hereinafter “Defendant Corporation”) acquired the E Education Center (hereinafter “instant Education Center”) from D on December 14, 2013, and thereafter the operational accident gradually deepens in the course of operating the said Educational Center, the Plaintiff, on June 1, 2015, agreed to borrow KRW 240 million from the Plaintiff, instead of granting the Plaintiff the Plaintiff’s status as the director of the instant Education Center for the three years thereafter (hereinafter “instant loan agreement”), and received the said amount from the Plaintiff on June 2, 2015.

(hereinafter the above 240 million won is referred to as "the loan of this case"). B.

From around that time, the Plaintiff, while working as the director of the instant education center, deposited 200 million won in the operation account of the said education center on July 30, 2015, and used the said money for the operating expenses of the education center.

(hereinafter the above 200 million won is referred to as "the inputs of this case," and the sum of the inputs of this case and the borrowed funds of this case is referred to as "the borrowed funds of this case and the inputs of this case."

On the other hand, Defendant C, as a director of the Defendant Corporation, was acting on his behalf as the president. On September 2, 2015, the Plaintiff sent to Defendant C a certificate of content that the Plaintiff demanded the return of the instant loan and the inputs, and requested the return of the said loan and the inputs. From that time to October 5, 2015, the Defendant C negotiated with F, a professor affiliated with the Defendant Corporation, for the preparation of the said agreement, but it was no different opinion. The Defendant corporation appointed F as the president of the instant education center on November 2015.

Meanwhile, the Plaintiff withdrawn KRW 13 million from the account of the instant education center on August 7, 2015, and KRW 42 million on October 23, 2015, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1 to 7, and 12 shall include various numbers, hereinafter.

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