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(영문) 인천지방법원 2017.06.30 2015가합51803
손해배상(기)
Text

1. The Defendant’s KRW 350,000,000 as well as 5% per annum from November 28, 2014 to March 31, 2015 to the Plaintiff.

Reasons

1. The parties' assertion

A. Plaintiff 1) The Plaintiff and the Defendant agreed to merge a church that the Plaintiff and the Defendant respectively held as a member of the church after the merger with the Plaintiff to hold as a member of the church. In the event that such merger contract becomes null and void, the Defendant agreed to return KRW 350 million, which the Plaintiff paid to the Plaintiff. 2) However, in a lawsuit seeking confirmation of the absence of the status of the member of the church that the Defendant filed against the Plaintiff, the judgment became final and conclusive that the Plaintiff does not have the status of the member of the church after the merger with the Plaintiff.

3) Thus, inasmuch as a church merger contract becomes null and void, the Defendant is obligated to return KRW 350 million to the Plaintiff according to the above agreement. B. There is no agreement to return KRW 350 million to the Plaintiff when the merger contract becomes null and void, and there is no evidence set forth in subparagraph 8 of the above agreement (a written confirmation is forged by the Plaintiff).

2. Facts of recognition;

A. 1) The Plaintiff entered into a church merger agreement (hereinafter “D”).

2) The defendant shall be the E-Ickian wood, and the defendant shall be the E-Ickian Association (hereinafter “F”).

(2) The Plaintiff and the Defendant, around August 2010, decided to merge two churches as the representatives of D and F, while the Plaintiff is a member of the church merged with the Plaintiff, and the Defendant was to retire from the position of the member of the association.

(hereinafter “instant merger contract”). The contents of a contract made between D and F in connection with the instant merger contract are as follows.

Agreement of church Merger

1. The merger between F and D shall begin on September 5, 2010 with the line of lines that are merged on September 14:30;

2. The towing room shall be the FG located in Bupyeong-gu Incheon Metropolitan City.

3.F and D are merged in accordance with the provisions of this Agreement for the interest of the church and the honor of one natural property, and are integrated and managed in the condition as of the date of the Agreement.

4. The building of H 1,430 square meters and the building of the Dong office located in Incheon Strengthening Group was owned by the Plaintiff or registered in the name of the Plaintiff.

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