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(영문) 대구지방법원서부지원 2015.09.22 2014가단26778

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff was the representative and the chairman of the Korea War Veterans Association C church (hereinafter referred to as the "C church"), while E was the representative and the chairman of the defendant church before the merger.

C The defendant church and the defendant church prior to the merger, respectively, were merged with the approval of the Korea War Veterans Association on September 9, 2009 after the resolution of the joint council consisting of the parties and the members of the church, respectively, and the present defendant church became the defendant church.

After the merger, E resigned from the plaintiff as he had the administrator of the standing pastor of the defendant church, and the defendant church had the right to use the lands and buildings of the existing C church on September 7, 2009, the registration of transfer of ownership was completed from the C church to the defendant church from the C church on September 2, 2009 on the ground of donation on September 2, 2009 with respect to the F Religious site 1,481 square meters and the above ground church building.

At the time of the merger, the Plaintiff entered into an agreement with E to pay a lump sum of KRW 600 million and KRW 2 million per month until he reaches 70 years of age (hereinafter “instant agreement”).

Accordingly, upon receiving KRW 60 million from the defendant church, E received KRW 60 million from the defendant church, and paid KRW 200 million to the plaintiff around July 2009, and decided to keep the remaining KRW 400 million, and on August 10, 2009, E bears the Plaintiff’s obligation to pay KRW 400 million according to the retirement allowance contract between the plaintiff and the plaintiff. On December 31, 2010, E prepared a notarized deed of debt repayment contract with intent to pay KRW 300 million on December 31, 201, and thereafter paid KRW 60 million to the plaintiff on December 31, 2010.

In addition, the school meeting paid KRW 200,000,000 on September 17, 2009, October 26, 2009, October 11, 2009, November 11, 2009, December 11, 2009, January 14, 2010, March 12, 2010; and April 13, 2010, respectively. < Amended by Presidential Decree No. 22175, Apr. 13, 2010; Presidential Decree No. 22183, May 10, 2010; Presidential Decree No. 22183, Jun. 14, 2010; Presidential Decree No. 222373, Jul. 12, 2010; Presidential Decree No. 22326, Oct. 17, 2010; Presidential Decree No. 22193, Jan. 1, 2

After the lapse of the dispute between the plaintiff and E, the plaintiff and E are at the end of 2011 when the period of Maternal Leave expires.