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(영문) 서울동부지방법원 2016.06.28 2015가단13738
대여금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Claims as to the cause of claim;

A. A. Around 2001, the deceased F and the Plaintiff D agreed to lend KRW 50 million, which is to be used as a deposit for a deposit to the Non-Party G Educational Association (hereinafter “H Educational Association at the time, but its name was changed on April 14, 2015) and to repay “if the circumstances of a church occur later”.

Accordingly, Plaintiff A, B, and C, the heir of the network F, have the claim for the return of the loan to each G Educational Meeting of KRW 10,720,000 for the Plaintiff, Plaintiff B, and C, and Plaintiff D, according to their respective shares of inheritance among the amount of KRW 25,00,000 that the network F lent to the former H Educational Meeting.

B. On November 2014, the Defendant, who was the pastor of the former H church, determined the transfer of the church and then transferred the right of lease to the International Council, and used KRW 60 million reusable as a security deposit for the lease of a new building among KRW 125,30,000,000 and KRW 21,000,000 as a monthly salary for the Defendant, but the exact place of use is not known, should be deemed to have been embezzled.

Therefore, the GJ has the right to claim damages due to embezzlement to the defendant.

C. The GGD is currently in excess of its obligations, and there is a claim for the refund of deposit for the lease of KRW 60 million.

Even if the right to claim compensation for damages due to the embezzlement of the defendant of the G church is closely related to the plaintiffs' claim for the return of loans, and the G church cannot pay the plaintiffs' obligations unless the G church terminates the contract for the lease of wedding dividends, which is the foundation of existence of the church, so there is a risk that unless the plaintiffs exercise the right to claim compensation for damages due to the above illegal acts against the defendant of the G church, it is necessary to preserve the claims.

2. Judgment on the plaintiff's claim

A. In full view of the purport of the entire arguments in Gap evidence No. 1 to determine the existence of the preserved claim, the net F and the plaintiff D shall lend KRW 50 million to the G principal meeting around November 18, 2001 and the future church situation will cease to exist.

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