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(영문) 부산고등법원 2015.06.18 2014나53325

대여금

Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Basic facts: (a) The Plaintiff is a corporation with the objective of real estate consulting, etc.; (b) Defendant B Housing Reconstruction Improvement Project Promotion Committee (hereinafter “Defendant E Apartment Promotion Committee”) is a promotion committee established to establish an association that implements each housing reconstruction project (hereinafter “instant reconstruction project”) at the level of two parcels outside Busan Shipping Daegu and two parcels; (c) Defendant D Housing Reconstruction Improvement Project Promotion Committee (hereinafter “Defendant I Apartment Promotion Committee”); and (d) the Busan Shipping Daegu High Court and the Busan High Court (hereinafter “instant reconstruction project”).

② On March 7, 2007, the Plaintiff entered into each housing reconstruction project management services contract with the Defendants. The main contents are as follows.

- Article 1 (Purpose) The purpose of this Agreement is to stipulate the responsibilities and obligations of the Plaintiff and the Defendants for the execution and efficient implementation of the various authorization and permission-related work and the project implementation-related work of the reconstruction project of this case.

- Article 2 (Scope of Services)

1. The Defendants shall entrust the Plaintiff with the services under Article 2 and act on behalf of them, and the Plaintiff shall faithfully perform the duties entrusted by the Defendants.

- Article 8 (Methods and Timing for Payment of Service Fees)

2. The Defendants shall preferentially repay loans extended by the Plaintiff to the time of this contract with the contractor that had been selected.

In addition, a separate monetary loan contract shall be prepared for a loan.

Article 19 (Matters of Special Agreement)

2. The Defendants and the Plaintiff should have successfully conducted close diagnosis and establishment of a union in good faith. In the event that the Defendants’ failure to implement a housing reconstruction project is impossible, the Plaintiff is not required to claim compensation for the administrative affairs performed by the Plaintiff and the loans that were disbursed during the period of suspension of the project. No civil or criminal objection is raised.

However, when the defendants re-promotion a housing reconstruction project, the plaintiff's vested right (the right to this contract and the right to claim) is recognized.

③ The Plaintiff is the Defendants.