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(영문) 수원지방법원안양지원 2016.11.03 2015가합102151

대여금

Text

1. The plaintiff, Defendant A apartment reconstruction association, excluding KRW 5,831,758,072, Defendant C, R, Y, and Z.

Reasons

1. Basic facts

A. The parties’ status 1) Defendant A Apartment Reconstruction Association (hereinafter “Defendant A Apartment Association”)

(A) During the period of Ansan-si, A Apartment Housing Reconstruction Improvement Project (hereinafter referred to as the “instant Project”) is located in the AA Member of the Gu.

(2) On June 26, 2003, an association established for the purpose of implementing a redevelopment project and obtained the authorization to establish a housing association on June 26, 2003. The remaining Defendants, other than the Defendant Cooperatives, R,Y and Z, among the Defendants, and the network AB, are those who were officers or representatives of the Defendant Association Promotion Committee at the time when the Defendant Association Promotion Committee entered into a provisional contract for the following reconstruction project with the Plaintiff, and Defendant R,Y and Z are those children of the network AB. 2) The Plaintiff entered into a contract for the reconstruction project with the Defendant Association Promotion Committee and agreed upon.

B. On May 20, 2003, the Plaintiff was requested by the Defendant Cooperative Promotion Committee to submit a letter of intent to participate in reconstruction of the instant project. On June 13, 2003, the Defendant Cooperative Promotion Committee deposited a bid deposit of KRW 5 million with a financial institution based on guidelines for preparing a proposal to participate in reconstruction of the instant project, and submitted a proposal to the Defendant Cooperative Promotion Committee along with a receipt. Article 19 (Methods of Guidelines for Preparing a proposal to participate in the project (Evidence 5) (1) of the Act on Guidelines for Preparing a proposal to participate in the project (Evidence 5) (1) shall deposit KRW 5 million with the financial institution established at the place where the order was placed, and shall participate in the tender along with a deposit certificate. Article 20 (Expenses for Holding General Meeting) (1) In principle, all expenses incurred at the general meeting to select the project at the place where the order was placed shall be deducted from the final tender deposit for the project selected, and all remaining expenses incurred after the deduction shall be treated as the expenses for the operation of the association.