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(영문) 서울중앙지방법원 2015.05.27 2013가합559890

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant Religious Order is an unincorporated association as a religious organization established by Nonparty C, and the Defendant Foundation is a separate incorporated foundation established for the purpose of maintaining and managing real estate owned by Defendant Religious Order.

B. D was appointed as the director of the Defendant Foundation in 1993, and was appointed as the director of the headquarters headquarters headquarters of the Defendant Religious Group in 1995.

C. On June 13, 2003, the Plaintiff issued KRW 1.2 billion to D through F (the name prior to the opening of the name was G, and the Plaintiff was the co-defendant of the instant case on September 3, 2014), and D regularly received KRW 1.2 billion on the same day, “I keep the custody of KRW 1.2 billion.” The custodian, “C of the Head of the Religious Organization of the Religious Organization of the Order of the Religious Organization of the Order of the Defendant (Evidence 1-3).”

On January 15, 2008, the Plaintiff issued to D through F with additional KRW 1 billion, and D, written by F on the same day, and signed by F in lieu of D, with the seal affixed to the seal affixed by Defendant F in the name of the president of the Religious Order D and the guarantor F on January 15, 2008 (Evidence 2-2 of the loan amount of KRW 1.2 billion as of June 30, 2008 and the loan amount of KRW 1.2 billion as of January 15, 2008. The borrower affixed the seal affixed to the seal affixed by Defendant F in the name of the president of the Religious Order D and the guarantor F. (Evidence 2-2).

E. On June 23, 2009, the Plaintiff issued an additional KRW 200 million to D, and D, as of June 13, 2003, written by F on the following day and signed on behalf of D, KRW 1.2 billion, the loan amount of KRW 1.2 billion as of January 15, 2008, and KRW 2.4 billion as of June 23, 2009. The Plaintiff borrowed KRW 4.8 billion, including the principal, until December 31, 2009.

The borrower affixed the seal in the name of the president of the Religious Order B, the Religious Organization D, and the guarantor F, to the Plaintiff on the loan certificate (No. 3) stating that the borrower is the director of the Religious Organization D and the guarantor F.

[Based on recognition] Unsatisfy, Gap evidence 1 to 3 (if there is a tentative number, including a branch number; hereinafter the same shall apply), Eul evidence 2-1, 4, Eul evidence 1 to 5, respectively.