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(영문) 대전지방법원 2017.02.16 2016나4653
약속이행금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

From May 9, 1993 to August 30, 1995, the plaintiff worked as the father of the defendant church for about 2 years and 4 months, and the defendant church is a church belonging to the Daejeon Religious Organization Labor Council.

On January 29, 2015, the Plaintiff filed a lawsuit against the Defendant church seeking reimbursement of KRW 19,000,000 for the total amount of the advance payment and the vehicle loss amount under the Daejeon District Court’s 2015 Ghana 1413. However, on July 14, 2015, the Plaintiff submitted the written withdrawal of the lawsuit and completed August 1, 2015.

(hereinafter referred to as "the previous suit of this case"). . [Grounds for recognition] did not dispute, Gap evidence 1, Eul evidence 2, Eul evidence 4, the summary of the plaintiff's argument, and the purport of the whole pleadings, and the plaintiff's assertion as to the amount of loss of the vehicle and the amount of loss of the claim for the separate money, although the defendant church provided the plaintiff with a vehicle at the time when the plaintiff worked at the defendant church, it did not provide it. The plaintiff directly purchased the vehicle and used it for the business for the defendant church, and incurred a loss equivalent to KRW 10,000,000, which is the difference between the acquisition value and the sale value, in the course of selling the above vehicle after the resignation from the defendant church, and the defendant church shall pay compensation

The defendant church's assertion related to the advance payment (retirement allowances) shall, while serving as the assistant pastor, pay the amount of KRW 9,00,000 to the retired plaintiff.

When the Plaintiff leaves the Defendant church, D members of the Defendant church and the Sician promised that the Plaintiff “I would help the Plaintiff to communicate by facing a difficult crisis or an unforeseen accident in the course of leaving the Defendant church,” which was resolved by the party council on this point, and even thereafter, D members were reconvened to the same purport as above to the Plaintiff around November 2009, around September 20, 201, and March 201.

Therefore, according to the above agreement, the defendant church should pay 9,000,000 won to the plaintiff with the amount equivalent to the entire amount.

The prior suit in this case continues to exist.

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