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(영문) 수원지방법원안양지원 2015.06.11 2014가단11701
약정금
Text

1. The defendant shall pay 95,00,000 won to the plaintiff and 20% per annum from June 11, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant’s former pastor C died on May 2009, and the Plaintiff is the wife of the deceased C.

B. On June 7, 2009, the Defendant opened a position committee to pay KRW 100 million in addition to KRW 300,000,000,000,000 per month, which had been paid to the Plaintiff as retirement allowances in addition to KRW 100,000,000 per month, and decided to pay KRW 1,00,000 per month until the year when the Plaintiff becomes 70 years of age (hereinafter “instant resolution”), and the Plaintiff, who participated in the said position, accepted the instant resolution at that place.

(hereinafter “instant agreement”)

C. While the Defendant paid a total of KRW 67 million to the Plaintiff from June 2009 to August 2012, the Defendant would settle the obligation under the instant agreement by paying KRW 2 million to the Plaintiff on August 26, 2012 for each four years from September 2012.

“After notification to the effect that “” was given, from September 2012 to March 2013, 2013, the Plaintiff paid KRW 12 million, and KRW 2 million on September 15, 2013, respectively. D. On October 17, 2013, the Plaintiff urged the Defendant to pay KRW 97 million in the balance under the instant agreement (i.e., KRW 2 million x KRW 39 million from June 2009 to August 2012) (i.e., KRW 81 million) to the Defendant, and thereafter, the Defendant responded to the payment of KRW 2 million in installments to the Plaintiff on October 29, 2013.

E. Meanwhile, the part relating to the instant case in the Defendant’s articles of incorporation is as follows.

Article 22. Removal

1. (Organization) Any branch church shall organize an organization of the organization in combination with the members of the political party and the members of the association and the members of the association;

The Chairperson shall concurrently serve as a certified wood officer (a delegated wood officer) and select clerks and accounts.

2. (Resolution and Duties) The removed members association shall handle the money delegated by the church, deal with the relief and expenses and the receipts and disbursements of money, and the accounts shall receive and disburse money by a resolution of the meeting; and

The organization shall annually report the annual progress and the settlement of the general balance at the end of the Council, and the church of the following year.

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