(영문) 서울중앙지방법원 2018.04.11 2017가합509411

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(영문) 서울중앙지방법원 2018.04.11 2017가합509411

대여금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant church was a community of the members who hold assemblies and participate in worship activities in the building located in the Gu C in Ansan-si, and around October 2013, the name of the Bridge was changed from the Diplomatic Association.

B. The plaintiff is a member of E who died on February 25, 2008 while in office as the member of the defendant church, and was the head of the defendant church and the chairperson of the defendant church's non-committee from January 2003 to January 2009.

C. The Plaintiff secured real estate and received loans of KRW 150 million on March 22, 2001 from F, and KRW 100 million on July 26, 2002, respectively (hereinafter collectively “instant loans”).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 36 and 37, purport of the whole pleadings

2. The Plaintiff asserted that the Defendant church lent the instant loan to Defendant church without setting the due date at the time of each loan.

In addition, on August 11, 2003, the Plaintiff lent KRW 20 million to the Defendant church without fixing the due date, by opening the Mabner account with the limit of KRW 20 million. On November 18, 2005, the Plaintiff paid KRW 50 million out of the previous Plaintiff’s obligations to the Defendant church, and paid KRW 20 million out of the previous Plaintiff’s obligations to the Defendant church. On November 17, 2006, the Plaintiff paid KRW 10 million out of this day, and on February 1, 2007, the Plaintiff subrogated the Defendant church’s obligations to KRW 50 million.

Afterward, the Defendant church repaid the Plaintiff a total of KRW 10 million on January 6, 2010, and KRW 50 million on June 18, 2010, and the Plaintiff repaid money equivalent to the balance of the Marp’s account on September 20, 2010, and eventually, the Plaintiff’s loans to the Defendant church continued to remain in total of KRW 250 million.

Therefore, the defendant church is obligated to pay interest from January 1, 201 to the plaintiff as the principal of KRW 250 million to the plaintiff and the defendant church suspended the payment of interest.

3. According to each of the statements in Gap evidence Nos. 1 through 4, 30-4 and 34, E shall be April 28, 2001.

유사 판례

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