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(영문) 인천지방법원 2018.08.14 2017나63316
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall set forth 6,200,000 won to the designated parties C and 2,000.

Reasons

1. Basic facts

A. The defendant clan is a clan similar organization that has been established for the clan by making G as its group, and the plaintiff and the appointed members are the clan members belonging to the defendant clan, and the plaintiff is the member of the defendant clan who has been in office as the general member of the defendant clan.

B. On June 12, 2011, at the I restaurant located in Daejeon-gu, Daejeon-gu, Daejeon-gu, a resolution was prepared, which contains the following contents, in the presence of 14 members of the Defendant clan (J, K, plaintiffs, F, L, M, Selection D, Selection C, N,O, E, P, Q, and R):

The term "a membership fee shall be paid in 100,000 won for each household, and the interest shall be 10% after the sale of part of the real estate and the period shall be multiplied by the amount paid to a clan (applicable for recognition)" / [a ground for recognition], entry of Gap evidence 1 through 3, and the purport of the whole pleadings.

2. The parties' assertion

A. The defendant clan has been in need of funds for the operation of the clan, such as expenses necessary for lawsuits to recover the land owned by the plaintiff and the appointed members. The plaintiff and the appointed members agreed that the defendant clan shall pay twice the amount of money delivered by the plaintiff and the appointed members, such as the attached Table (the plaintiff 62,10,000 won, KRW 4.1 million, KRW 4.1 million, KRW 4.1 million, KRW 4.1 million, KRW 2 million, KRW 2 million, KRW 5.1 million, and KRW 5.1 million) in the manner of remitting the money to the account of the plaintiff's clan as shown in the attached Table (the plaintiff 6,201, KRW 4.1 million, KRW 4.1 million, KRW 2 million, KRW 5.1 million).

Preliminaryly, the plaintiff and the appointed parties shall lend money to the defendant clan as shown in the attached Table, and the defendant clan shall return the above loan to the plaintiff and the appointed parties.

B. The Defendant’s assertion (1) there was an opinion of some members of the clan to the effect that it is defective to pay twice the money delivered to the Defendant’s clan by the clan general meeting on June 5, 2011, and there was a resolution of the same clan as that of the same clan, not that of the same clan.

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