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(영문) 서울고등법원 2017.12.05 2017나2003305
대여금 등 청구
Text

1. The plaintiffs' appeal and the plaintiffs' claims expanded by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The status of the parties 1) Preliminary Defendant D Religious Organization (hereinafter “Defendant D Religious Organization”)

) A non-corporate body, a non-corporate body created in 1946, is affiliated with the Council of the Buddhist Forces of Korea, an incorporated association. C (hereinafter referred to as the “Defendant incorporated association”) around the primary defendant incorporated association.

(2) As an affiliated organization of the Defendant Religious Group, the Defendant Religious Group is an incorporated association established on November 18, 1991 for the purposes of the maintenance and management of the facilities related to Wridges and the maintenance and management of the facilities related to the Defendant Religious Group, education, Buddhist academic research, social welfare programs, etc. The president, who is the representative of the Defendant Religious Group, takes overall charge of the affairs of the Defendant Religious Group in accordance with the Religious Order Act, and is concurrently holding the position of the representative of the Defendant Religious Group; 2) Network E (hereinafter “the deceased”) from around 1999 to October 27, 2014, who was in the position of the senior secretary of the Defendant Religious Group and the representative of the Defendant Religious Group for about 15 years, died on November 8, 2014, and the Plaintiffs were the deceased’s children and their legal successors.

(1/2) each of the shares in inheritance;

As of January 26, 2015, the term “the current status of loans and accounts payable (as of January 26, 2016)” in the audit report (A) of 2014 prepared by the Defendant Order on the deceased’s entries in the audit report in the year 2014 (i.e., the current status of loans and accounts payable (as of January 26, 2016) was stated as KRW 343,856,600 as of January 26, 2015 (i.e., the current status of loans and accounts payable (i., the current status of January 26, 2016) (i.e., KRW 43,628,000 as of January 26, 2014) and the amount payable to the deceased was KRW 22,50,000 (i.e., KRW 18,000,000 as of January 26, 2014).

[Ground of recognition] Facts without dispute, Gap 1-8, 14, Eul 1, purport of the whole pleadings

2. As of January 26, 2015, the audit report (A5) prepared by Defendant Religious Group, prepared by Defendant Religious Group, stated that the loans from the deceased were KRW 343,856,600, and the accounts payable to the deceased were KRW 22,50,000.

However, compared with the audit report of 2014 in 2013, the amount of the above loan from the deceased is the amount of the above loan.

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