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(영문) 서울남부지방법원 2016.06.24 2015가단45981

대여금

Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 36,00,000 and 5% per annum from March 11, 2013 to September 23, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a member of the “I church” in Yangcheon-gu Seoul Metropolitan Government H, and Defendant B is a member of the I church, and Defendant C, D, E, F, G, and Nonparty J, K, L, M, and N are members of the I church emergency countermeasure committee.

B. In the Seoul Southern District Court case of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), Defendant B was detained on December 2, 2011 by a four-year imprisonment with prison labor, and the Emergency Countermeasure Committee was punished by approximately KRW 1 billion with the participation of about 30 members in order to raise funds for the damage compensation of Defendant B. The Plaintiff also transferred KRW 30 million with the single bank account of Defendant D and participated in the above collection. < Amended by Act No. 11413, Nov. 29, 2012; Act No. 11404, Dec. 6, 2012>

C. On December 10, 2012, Defendant B prepared and issued a certificate of borrowing to the members who participated in the collection of funds as above, but also prepared and issued to the Plaintiff a certificate of borrowing stating that “Defendant B borrowed KRW 36 million from the Plaintiff and would repay the said borrowed funds by March 10, 2013.”

On December 10, 2012, Defendant C, D, E, F, G and Nonparty J, K, L, M and N, the head of the I church emergency countermeasure team and the members of the I church, prepared and signed the joint and several sureties (However, the creditors’ disturbance and the guaranteed amount are in a state of disturbance) and copied the joint and several sureties prepared as above to deliver them to many creditors who participated in the collection.

E. The Plaintiff was issued, from the church party, a joint and several surety attached to the creditor column of the joint and several surety copyed as above, the Plaintiff as the Plaintiff and the amount guaranteed as KRW 36 million in the amount guaranteed (hereinafter “instant guarantee”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B shall affix the Plaintiff a seal of KRW 36 million from March 11, 2013, which is the day following the due date for repayment, to the final original of the instant payment order.