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(영문) 수원지방법원 2016.10.19 2015가단54963
대여금반환
Text

1. As to the Plaintiff’s joint and several KRW 50,000,000 and KRW 25,000,000 among them, Defendant B and Defendant E shall be jointly and severally liable for payment of KRW 50,000.

Reasons

1. Evidence 【Evidence” 1, A2, A3, A4, A6, A7, A8-1, 2, A9 through A12, B-8, and the fact-finding results and the purport of the whole pleadings against the head of the NF Bank and the head of the NFF Office, and the head of the NFF Office, respectively;

A. On December 26, 1984, Defendant B church (hereinafter “Defendant church”) acquired the 3rd floor in the 3rd floor in the restaurant and the 3rd floor in the restaurant and the 3rd floor in the restaurant and the 344.9mm2 in Gangnam-gu Seoul Metropolitan Government.

On August 19, 2007 and March 15, 2009, the defendant church moved the defendant D to the representative of the defendant church and the head of the Si/Gun/Gu, and delegated the management and supervision of the church operation, politics, administration, donation, accounting, welfare, disciplinary action, church property, etc. and the right to select the church at the time of criminal litigation.

B. On November 18, 2013, the Plaintiff drafted a notarized investment document (A; hereinafter “the first agreement”) stating that “A and B shall pay KRW 50 million, including the investment amount added to 100% of the investment amount of Party A, to Party A’s KRW 50,000,000,000, including the investment amount added to 100% of the investment amount, to Party A, shall be paid to Party A by November 201, 2014.”

Defendant E, who is a member of the Defendant church, has jointly and severally guaranteed the above debts.

Meanwhile, on July 17, 2013, the Plaintiff paid KRW 10 million to Defendant D as a check. On November 18, 2013, the Plaintiff deposited the KRW 14 million check at a post office (U.S.-dong post office) and deposited one copy of the KRW 14 million check, and among which, the Plaintiff’s endorsement was made on the said KRW 14 million check.

C. On April 15, 2014, the Plaintiff made the Plaintiff between Defendant D and the representative of the Defendant church, and the representative of the Defendant church Eul made the Plaintiff’s investment of KRW 25 million with the establishment money of KRW 25 million with the amount of real estate of the church building on the 25th square meters of the shares of the Defendant church as collateral security.

B shall make Party A’s investments.

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