대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion is the owner of the D, and the defendant's incorporated association B (hereinafter the defendant Eul) and the defendant's social welfare foundation C (hereinafter the defendant C) are each incorporated for the operation and welfare programs of the above D.
From March 14, 2003 to November 25, 2014, the Plaintiff lent a total of KRW 699,875,300 as shown in attached Table 1 to Defendant B, and Defendant B paid a total of KRW 338,970,000 to the present day. Therefore, Defendant B should pay the remainder of KRW 360,905,30 to the Plaintiff.
In addition, on December 20, 2005, the Plaintiff respectively lent KRW 300,000,000 as a fund for the establishment of Defendant C, and around November 21, 2008, as a fund for the purchase of the adjoining site by temple, the Plaintiff lent KRW 200,000,000 as a fund for the purchase of the adjoining site by temple.
Therefore, Defendant B is obligated to pay the Plaintiff KRW 860,905,300 in the balance of the borrowed money.
The Plaintiff loaned KRW 210,373,650 to Defendant C from April 27, 2006 to September 17, 2014, as shown in attached Table 2, as well as KRW 50,00,000,000, up to now, Defendant C is obligated to pay the remainder of the loan to the Plaintiff.
2. Determination
A. The fact that the Plaintiff transferred KRW 69,875,300 to the account, etc. in the name of an incorporated association, incorporated association D, and E, as shown in attached Table 1, from March 14, 2003 to November 25, 2014, and that the Plaintiff remitted KRW 210,373,650 in total to the account, etc. in the name of a social welfare foundation C from April 27, 2006 to September 17, 2014 is either a dispute between the parties or that the Plaintiff remitted KRW 210,373,650 to the account, etc. in the name of a social welfare foundation C, as stated in attached Table 1.
Furthermore, in the event that the Plaintiff transfers money to a health account, another person’s deposit account, etc. as to whether the said remittance was made to the Defendants, such transfers may be made based on various causes, such as loan for consumption, donation, repayment, simple delivery, etc., and thus, there is a possibility of money between the parties.