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(영문) 서울중앙지방법원 2019.08.22 2018가단5211122
대여금
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from July 31, 2018 to August 22, 2019.

Reasons

1. Facts of recognition;

A. On November 21, 2016, the Plaintiff and the Defendant entered into the Fund Investment Convention (hereinafter “instant Convention”) with the following terms and conditions, and the Plaintiff transferred KRW 20,000,000 to the Defendant on November 25, 2016, and KRW 30,000,000,000, respectively, in accordance with the instant Convention.

Article 1(Purpose)The Convention aims to contribute to the investment of funds by applicants (referring to the plaintiff; hereinafter the same shall apply) for the purpose of supporting the management of cyber education by hosts (the meaning of the defendant; hereinafter the same shall apply) and to provide for the matters related thereto among them.

Section 2 (Investment Funds) The amount of investment made by applicants to this Convention to hosts shall be the cost required for the establishment of a cyber education system and shall be as follows:

1. The basic investment fund shall be 50,000 won out of the expenses for the establishment of the cyber education system;

2. If the cost of establishing the cyber education system exceeds 50 million won, the applicant shall lend the excess amount to the applicant and the host shall repay the principal and interest thereof.

3. 20 million won out of basic investment funds shall be Nov. 28, 2016, and 30 million won shall be Jan. 2, 2017, and the amount exceeding basic investment funds shall be determined separately by mutual consultation.

Article 4 (Prohibition of Diversion) The hostr shall be able to use the investment funds only for the purpose of building a cyber education system and shall not use them for other purposes.

Article 5 (Matters to be Reported)

1. In regard to the establishment and operation of a cyber education system, hosts shall report monthly to applicants in writing or by other means, and shall not engage in any conduct, such as false or exaggerated reporting;

Article 6 (Effectuation and Validity Term)

1.The effects of this Convention shall remain effective for a period of two years from the date of the contract, and shall be automatically extended every one year unless there is any special objection among them.

2.In the event of termination of this Convention, the host shall fix the time-limit for the investment principal of the host and the investment fees provided for in this Convention through mutual consultation.

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