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(영문) 창원지방법원마산지원 2017.04.19 2016가단104893

대여금

Text

1. The Defendant: KRW 86,438,150 for the Plaintiff and KRW 5% per annum from September 29, 2016 to April 19, 2017.

Reasons

1. Basic facts

A. On January 20, 2012, the Plaintiff (the Plaintiff appears to have been a trade name before the change) entered into a housing redevelopment and improvement service contract with the Non-Party A district redevelopment and improvement project (hereinafter “instant improvement project”) implemented in the Changwon-si B, Changwon-si.

B. On March 23, 2012, the Defendant succeeded to the rights and obligations of the committee for promotion of the establishment of a housing redevelopment and rearrangement project in a zone as an association established by the land owners of the Changwon-si, Changwon-si C.

C. On August 22, 2012, the Plaintiff entered into a contract for the specialized management of housing redevelopment and improvement projects (hereinafter “instant contract”) with the Defendant on the instant improvement project, and agreed to set the usual service cost for the total floor area of the building as KRW 39,00,00, and the Defendant (A)’s various general assembly cost, authorization cost, and permission cost, litigation, and other related expenses for the implementation of the project, and the relevant expenses incurred by the Plaintiff (excluding expenses related to the Defendant’s project implementation) while performing its duties (excluding expenses related to the Defendant’s project implementation) were borne by the Plaintiff.

(Evidence No. 6) / [Article 20 of the Evidence No. 6] / [Grounds for Recognition] / The entry of Evidence No. 1, 2, 4, and 6 and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff is liable to pay the Plaintiff the loan amount of KRW 53.7 million and the delay damages, since there is no dispute between the parties, or it can be acknowledged by the purport of the entries and arguments in the evidence Nos. 3 and 9, respectively, between the fact that the Plaintiff borrowed KRW 53.7 million from the Plaintiff during the period from November 3, 2011 to August 3, 2012.

B. The fact that the Plaintiff paid KRW 5 million to the lessor on October 10, 201, the Defendant’s office lease deposit amount of KRW 5 million.