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(영문) 인천지방법원 2019.09.26 2018가단32745
손해배상
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 28, 2016, Defendant C filed a loan lawsuit against A religious organization G church (representative H) with the Incheon District Court Decision 2016Kadan205495, and was sentenced to a favorable judgment of the court of first instance that “the Defendant shall pay to the Plaintiff 59,887,305 won and the interest rate of 15% per annum from February 20, 2016 to the date of full payment” (hereinafter “instant judgment”).

The A Religious OrganizationG church filed a subsequent appeal for the instant judgment, but the appellate court dismissed the subsequent appeal on March 17, 2017 on the ground that the subsequent appeal is unlawful. The second appeal was filed on March 17, 2017 (Supreme Court Decision 2017Da220775) but the final appeal on June 15, 2017 (Supreme Court Decision 201Da220775) was dismissed on the ground that the ground of appeal by the appellant was not included in the grounds stipulated in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or that there was no reason for it to be found.

B. The Plaintiff was registered as a non-profit corporation by changing the name “A Religious Organization G church” to “A Religious Organization B church” as the present “A Religious Organization B church,” and completing the registration of the Plaintiff as its representative and representative.

C. The Plaintiff’s articles of incorporation (amended by April 12, 2015) and the Constitution of A Religious Organizations are as follows.

The Joint Council of Article 5 (Joint Council) of the Chapter II of the Articles of Incorporation shall be as follows:

1. The members of the joint council shall be persons who suffer from defects registered with the principal council;

2. The joint council shall be convened by a resolution of the party council, and shall advertise to the church at the time, time, place, and agenda one week before the meeting is held;

Matters to be resolved by the Joint Council under Article 6 (Functions) shall be as follows:

1. Matters presented by the meeting of the political party;

2. Budgeting and settlement of accounts.

3. Election of staff members (standing wood officers, lengthmen, housemasters, and authorized houses);

4. Matters directed by the ordinary meeting, the third meeting of the political party to Chapter VII (Council) shall represent the present church and supervise the operation of the church, and the chairman of the party shall convene the regular meeting and the temporary meeting, if necessary, once a year;

Article 8 (Functions).

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