전별금 반환청구 등의 소
1. The judgment of the first instance is modified as follows, following the modification of the claim in the trial.
The defendant is against the plaintiff.
1. Basic facts
A. The Plaintiff church is a church affiliated with the F of A religious organization, and the Defendant is a person who was in office as the chairman of the Plaintiff church and the head of the Plaintiff church from November 1, 1993 to December 2010 and resigned, and from May 2012, the Plaintiff church is a member of the E church located in Mapo-gu Seoul Metropolitan Government.
B. Around 2010, when the Defendant was in office as the chairperson of the Plaintiff church and the head of the Plaintiff church, there was doubt that the Defendant committed an indecent act on the credit limit of the Plaintiff church, and on this ground, the Defendant resigned from office on December 2010, and the Plaintiff has the authority to deliberate and decide on the “matters concerning the budget, settlement of accounts, loans, and disposal of assets” pursuant to Article 19 subparag. 1 of the rules of the Plaintiff church council, and the “matters concerning the disposal of the church’s budget, loans, and assets” pursuant to Article 19 subparag. 1 of the rules of the church council. On December 19, 2010, the Defendant opened a meeting on December 19, 2010, and paid a total of KRW 1.345 million to the Defendant for the purchase of housing, and among them, the amount of KRW 280 million,000,
C. On December 23, 2010, the Plaintiff church paid KRW 1.65 billion to the Defendant (= KRW 1.345 billion – KRW 280 million) according to the above resolution on December 23, 2010.
(hereinafter referred to as “the advance payment of the instant case”). D.
Plaintiff
After the resignation of the defendant, the church requested the truth-finding in relation to the defendant's sexual indecent act, and on April 9, 2012, announced the fact of sexual indecent act against some victims at the board of directors of the plaintiff church.
E. On January 14, 2013, the Plaintiff church accepted cases of damage through a counseling center for sexual assault against Korean women (hereinafter “ female telephone”), decided to pay compensation to three victims according to the victim’s opinion by telephone, and transferred a total of KRW 85,000,000 to women’s telephone on April 22, 2013, and the women’s telephone from April 26, 2013.
5.6. During the period, the victims paid the above compensation to three victims.
[Reasons for Recognition]