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(영문) 서울고등법원 2015.07.10 2014나2817

대여금

Text

1. Preliminary claim against the Defendant (Counterclaim Defendant) Plaintiff (Counterclaim Defendant) that was added at the trial.

Reasons

1. Basic facts

A. The Plaintiff from around 1994 to October 201, 201, as the head of the Defendant B’s association (hereinafter “Defendant B’s church”). Defendant C is the representative of the Defendant church and the pastor, and Defendant D and E are the head of the Defendant church.

B. While managing the funds of the Defendant church, the Plaintiff used the National Bank account in the name of the Plaintiff (Account Number I, the account number I, and the account number I opened on September 11, 1998; hereinafter “First Account”) and the National Bank account in the name of J (Account Number K, June 25, 1999; hereinafter “Second Account”).

[Ground of recognition] The fact that there is no dispute, Gap evidence No. 28 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleading

2. Determination as to the principal lawsuit

A. On May 23, 2006, the Plaintiff asserted that the Defendant church lent KRW 50,000,000 to the Defendant church at interest rate of 6.7% per annum, and subsequently, on December 1, 2006, the Defendant church set forth KRW 70,000,000 as interest rate of KRW 10% per annum and received a loan certificate from the Defendant church, and thereafter, the Defendant church received interest on each of the above loans from the Defendant church until May 31, 2012.

The plaintiff received a loan certificate in the name of the wife F or paid the above interest in the name of the wife L, but the actual lender is the plaintiff. Thus, the defendant church and its joint and several sureties are obligated to pay the above loan principal and interest to the plaintiff around them.

In the event that the above main claim is not accepted, the defendant church made unjust enrichment with the amount equivalent to the above borrowed money, and thus, it is obligated to return the same amount to the plaintiff as unjust enrichment.

B. The facts of recognition 1) The defendant church used as a church building by leasing a building located in Ansan-si and used it as an independent church building site from M around May 19, 2006 in order to prepare a site for the independent church building site, the defendant church's total amount of KRW 742 billion (= KRW 12 billion).