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(영문) 서울고등법원 2017.09.14 2016나2056586

대여금

Text

1. The part of the judgment of the court of first instance against Defendant P and Q is revoked, and all of the Plaintiff’s claims corresponding to the revoked part are revoked.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation established for the purpose of designing and executing civil engineering and construction works. 2) The Defendant Union is a housing redevelopment project partnership that obtained authorization to establish a housing redevelopment project (hereinafter “instant project”) on April 19, 201 in order to promote housing redevelopment project in the Gu-si R (R).

3) The remainder of the Defendants except the Defendant Cooperatives are the former and incumbent heads of the Defendant Cooperatives, directors, and representatives of the Defendant Cooperatives. B. The Defendant Cooperatives (i) announced the announcement on May 30, 201 in order to select the construction work of the instant project, and (ii) decided to select the Plaintiff from the extraordinary general meeting on July 16, 201, in order to select the construction work of the instant project.

2) On February 3, 2012, the Plaintiff and the Defendant Union entered into a contract for a construction project that included the following construction works: (i) the Plaintiff’s total floor area of the building on the instant site shall be 57,647.62 square meters; (ii) the Plaintiff’s construction work that constructs the 362 apartment units of the 11-22 stories above the ground; (iii) the 68,429,730,000 square meters of construction cost (3.3058 square meters of construction cost; (iv) the 3,924,100 square meters of construction cost per 3058 square meters of construction cost; (v) the construction period: 24 months from the commencement date of the instant project; and (v) the Plaintiff may, in inevitable circumstances, lend business expenses pursuant to the separate rental terms agreed with the Defendant Union (hereinafter “instant provisional contract”).

(C) At the time, Defendant B, C, D, E, and F, who had been the president of the Defendant Cooperative, and directors of the Defendant Cooperative, were jointly and severally guaranteed for the Defendant Cooperative’s obligations. (c) The Plaintiff and the Defendant Cooperative concluded a loan agreement for consumption with the content that the Plaintiff lends the business expenses necessary for the instant business to the Defendant Cooperative as indicated in the table below, and the Plaintiff and the Defendant Cooperative entered into a loan agreement with the Defendant Cooperative (hereinafter “each of the loans for consumption in this case”) and each of the loans on one hand, respectively.