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(영문) 서울서부지방법원 2017.06.02 2017가단4617

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that intends to select as a rearrangement project management contractor of the instant rearrangement project from the Seodaemun-gu Seoul Metropolitan Government Committee for Promotion of Housing Reconstruction Improvement Project (hereinafter “instant rearrangement project”).

B. Defendant C was the chairperson of the instant rearrangement project promotion committee, and Defendant B was the promoters of the instant rearrangement project promotion committee.

C. As to the instant rearrangement project, the Plaintiff and the instant rearrangement project promotion committee entered into a contract with the Plaintiff to select the Plaintiff as a rearrangement project management contractor of the instant rearrangement project, as far as possible, even if they undergo a competitive bid after May 28, 2007 (hereinafter referred to as the “instant contract”).

2) The Plaintiff agreed to pay the expenses for office rent, operation and management, etc. required by the instant rearrangement project promotion committee to the head of the Tong at the instant rearrangement project promotion committee.

3) The Plaintiff and the instant rearrangement project promotion committee agreed that, in the instant contract, if the Plaintiff was not selected as a rearrangement project management contractor of the instant rearrangement project, the costs incurred during the instant period would be liquidated. 4) On November 3, 2010, Seoul Metropolitan Government made a decision to exclude the instant rearrangement project from the areas scheduled for reconstruction and improvement, the instant rearrangement project was nonexistent.

1) The Plaintiff deposited 164,393,870 won to the head of the Tong (the Saemaul Depository) of the instant rearrangement project promotion committee at least 28 times as agreed in the above C-2.

:

1. 10,00,000 won on March 14, 2007;

2. 32,093,870 won on June 29, 2007

3. 15,00,000 won on August 14, 2007

4. 10,00,000 won on October 1, 2007

5. 5,000,000 won on September 30, 2008

6. 5,000,000 won on October 30, 2008

7. 5,00,000 won on November 29, 2008

8. 5,000,000 won on December 27, 2008

9. 1. 30. 30. 5,00,000 won on January 30, 2009; 10. 5,000,000 won on June 3, 2009; 11. 3,000,000 won on June 30, 2009; 2. 4, 2009. 4,000 won on September 24, 2009.