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(영문) 광주지방법원 2015.10.30 2014나13286
대여금
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. Plaintiff A is a person who served as a delegated pastor of D Religious Organization E (hereinafter “instant church”) from around 2002 to October 9, 2009, and the Defendant is a person newly appointed as the pastor of the instant church on October 11, 2009, and the Plaintiffs are married couple.

B. On October 11, 2009, Plaintiff A entered into a contract with the Defendant on the settlement of the real estate and obligations of the instant church (hereinafter “instant contract”) under which the Defendant would succeed to the obligation of the instant church’s “the KRW 630,000,000,000,000,000,000, F’s house house company’s KRW 25,000,000,000, and Plaintiff A’s title company’s KRW 10,000,000, and Plaintiff B private placement’s KRW 10,000,000.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant succeeded to the obligations of KRW 10,000,000 for each of the plaintiffs of the church of this case according to the contract of this case, barring special circumstances, the defendant is obligated to pay KRW 10,00,000 to each of the plaintiffs.

3. Judgment on the defendant's assertion

A. The defendant asserts that he paid 10,000,000 won to the plaintiffs in full, and comprehensively taking account of the purport of the entire arguments in the statements in the evidence Nos. 1 and 2 in the defendant's agricultural cooperative account (Account Number G) in the defendant's name, the defendant remitted 45,00,000,000 won in total to the plaintiff Eul on Oct. 13, 2009 (10,000,0000 won in total) from September 24, 2009, and the fact that the defendant repaid 10,000,000 won in total to the plaintiff Eul on Oct. 25, 2009 (10,000,0000 won in total) from 10,000,0000 won in total,25,000,000 won in accordance with the contract in this case. The defendant may recognize the fact that he repaid 10,000 Newcom.

B. The above facts are as follows: KRW 45,00,000, which the Defendant remitted to the Plaintiffs, was the Defendant’s debt of KRW 63,000 to the NACF and the Defendant’s debt of 10,000,000, out of the Defendant’s debt to be succeeded under the instant contract.

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