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(영문) 인천지방법원 부천지원 2017.03.22 2015가합102957
대여금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 160,000,000 as well as to the period from September 9, 2015 to March 22, 2017.

Reasons

1. Basic facts

A. 1) The president of the Defendant Corporation Co., Ltd. (formerly, E Co., Ltd.; hereinafter “D”) around November 2009, the president of the Defendant Corporation Co., Ltd., Ltd. (formerly, E Co., Ltd.; hereinafter “D”).

A) Between the Defendant and the project to relocate the site of the FF High School and the G High School (hereinafter referred to as the “instant relocation project”).

(2) Around December 2009, H, an actual operator of the above company, served as the secretary general of the Defendant corporation and the director of the facility planning and development group. (3) C, who delegated H with all duties, such as authorization, permission, and financial issues related to the relocation project of this case, made and issued a document stating “matters delegated to the BB transfer project plan.”

3) Around December 2010, H entered into the construction contract (hereinafter “instant construction contract”) with the head of the facility planning group of the Defendant Corporation Secretariat, and J as the adviser as the head of the Defendant Corporation Secretariat. B. On June 30, 2011, K Co., Ltd. (hereinafter “K”) concluded a construction contract for new construction of school buildings (hereinafter “instant construction contract”). At the office of J, I, and the secretariat of the Defendant Corporation (hereinafter “K”) with respect to the construction of school buildings, including Fhigh School and 1, from November 201 to April 2013, 201, with respect to the construction period of 31.5 billion won (hereinafter “instant construction contract”).

2) In the process, K assumes the position of “the adviser of the corporate secretariat” and “the director of the planning group for the development of facilities of the corporate secretariat” as presented by the J and I.

(C) On July 4, 2011, K transferred KRW 200 million to the account in the name of I on the day when the contract was concluded as a contract deposit under the instant construction contract, and KRW 170 million to the same account on the same day on which the contract was concluded, and as of July 5, 201, from the I on July 5, 201, the following documents were confirmed: (a) the agreement between the Defendant and D on the delegation of the H; (b) the Defendant’s private school promotion fund loan application; and (c) the Defendant’s meeting minutes of the Defendant’s board of directors on the approval of the instant transfer project.

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