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(영문) 인천지방법원 부천지원 2018.11.14 2018가단100405
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff church is a non-corporate body, a religious organization that belongs to the Korea Labor Association.

Plaintiff

A church shall take over the E intersection (hereinafter referred to as the “instant church”) located in Seosan-gu, Seosan-gu, and complete the registration of ownership transfer on September 29, 2005 with respect to the above land and the above ground buildings (hereinafter referred to as the “instant real estate”).

B. The Plaintiff church prepared an agreement with the Defendant on the operation of the church as follows:

(hereinafter referred to as the “instant agreement”): Class to receive the whole of the Plaintiff’s church: Case of the share of the island of the Defendant’s island: from October 2005 to October 2007, the interest rate of KRW 2 million (including the case of this church): the Plaintiff is responsible for the interest of all of the instant church’s own debts.

Children scholarship: Children scholarship shall be paid only to undergraduate students.

Management of security deposit: When the principal of church debts is repaid, security deposit shall be immediately returned.

Interest on the shares of the species to be collected in whole: The first period from October 2005 to October 2007 shall be from October 2007, and the interest shall be liable after the expiration of this period.

Cash Guarantee: Cash KRW 100 million shall be kept in the plaintiff church for joint responsibility.

Repayment. If principal is due, the case assistance may be requested for an extension of three years;

C. In around 2008, due to the problems surrounding the operation of the instant church, including the implementation of the instant agreement, the Plaintiff church and the Defendant conflict. On February 2012, the Plaintiff church demanded the Defendant to have only the operation of the instant church, and the Defendant demanded the payment of KRW 70,000,000 in terms of the repair cost disbursed to the said church.

The defendant, around January 30, 2013, had only the duties of the members of the church of this case, and the plaintiff church of this case shall be the same year.

2. The same year from around 14.

3. Until December 26, 200, a sum of KRW 150,000,000, including a deposit of KRW 100,000,000 to be refunded under the instant agreement, was paid to the Defendant three times.

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