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(영문) 대구지방법원 김천지원 2017.01.13 2016가합15115

대여금

Text

1. The Defendant’s KRW 2,938,946,041 among the Plaintiff and KRW 200,000 among them, shall be KRW 2,738,946,041 from June 2, 2015, and KRW 2,738,946,041.

Reasons

1. Basic facts

A. On February 10, 2007, the owners of lands, etc. of the Gu and America held the first residents’ meeting on February 10, 2007 in order to implement the housing redevelopment improvement project (hereinafter “instant project”) on B 80,017 square meters in Gu and America, and decided to delegate the selection of the rearrangement project management contractors and the conclusion of the contract to the Preliminary Committee for Establishment of Cooperatives (hereinafter “Preliminary Committee”).

B. Around March 26, 2007, the Preliminary Committee entered into an agreement with D (hereinafter “D”) on the business services for rearrangement projects, and terminated the agreement on July 2007, and concluded an agreement on January 26, 2008 with the Plaintiff on January 26, 2008 for administrative services for rearrangement projects.

(hereinafter “instant agreement”). The main contents are as follows:

[Conditions of Agreement] Article 2 (Business Agreement)

1. As of the date of the conclusion of the instant case, “A” (C and 3 others) shall commission “B (Plaintiff)” as a rearrangement project management entity of “A” for the performance of the rearrangement project, and “B” shall accept it and, after the completion of designation of an improvement zone for the redevelopment project, submit this work agreement to the residents’ general meeting as the basis of this contract at the time of public announcement at the time of authorization of the

Article 5 (Period of Performance of Duties) The period of the performance of the duties of “B” shall be from the date of the Convention with “A” to the time of selection by the public announcement of the establishment of the Committee for Promotion of the Association of “A” after approval of the Committee for Promotion of the Association, and where “B” is selected as a maintenance business entity, the date of application for the completion inspection

Article 9 (Termination, etc. of Convention) (Planning) Where the Convention is terminated during the course of business, all loans and agreed actual expenses shall be settled up until the termination.

(A) [Special Agreement] Article 2 (Conditions of Agreement)

1.A and B shall enter into an agreement with respect to the following:

(1) The operating expenses of the Preparatory Committee shall be KRW 10,000,000 per month for lending and the resolution of the residents' general meeting.