대여금반환
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The plaintiff is a company with the objective of building and civil engineering work, and the defendant is a housing redevelopment project partnership whose registration of incorporation has been completed with the approval of establishment pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from the strike market in order to promote housing redevelopment improvement project (hereinafter “instant rearrangement project”).
On the other hand, prior to obtaining authorization to establish the association, residents who implemented the rearrangement project of this case constituted a committee for promotion of housing redevelopment project (hereinafter “promotion committee”) in the zone A.
B. On June 17, 2005, the promotion committee for the conclusion of the instant provisional contract entered into a contract with the content that “A district redevelopment project contract (A)” (hereinafter “the instant provisional contract is referred to as “the instant construction contract,” and “the part concerning the construction contract” included not only the instant provisional contract but also the content that the Plaintiff lends the promotional expenses and operating expenses, etc. to the promotional committee, etc.” under the implementation plan for the instant rearrangement project, wherein the construction of new apartment, auxiliary facilities, etc. is to be finally authorized by the head of the competent local government.
The portion of the provisional contract of this case concerning the lending of business promotion expenses, etc. is referred to as "the primary lending agreement".
3) The main contents of the instant provisional contract are as shown in attached Table 1.
C. On October 30, 2009, the Defendant, holding the Defendant’s authorization for establishment and special general meeting, was authorized to establish an association from the strike market to implement the instant rearrangement project in accordance with the Urban Rearrangement Act.
The Defendant decided to select a contractor of the instant improvement project through a public tender, and announced a public tender for the selection of a contractor.