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(영문) 서울서부지방법원 2017.06.22 2016가합39361

대여금

Text

1. The Defendants jointly do so to the Plaintiff at KRW 152,750,000, and the Defendant.

Reasons

1. The facts under the basis of facts may be found, either in dispute between the parties or in the entries in Gap evidence 1 to 4, and 9 (including branch numbers; hereinafter the same shall apply), with a comprehensive consideration of the whole purport of the pleadings. (a)

The Plaintiff is an administrative service agent of redevelopment and reconstruction project, and the Defendant A-Housing Reconstruction Project Establishment Promotion Committee (hereinafter referred to as the “Defendant Promotion Committee”) is established with the approval of the head of Seodaemun-gu Seoul Metropolitan Government on August 24, 2006 for the purpose of establishing an association for implementing the housing reconstruction project in the Fildae-gu Seoul Metropolitan Government F (hereinafter referred to as the “instant zone”). Defendant B is the vice-chairperson of the Defendant Promotion Committee, Defendant C, D, and E are the promotion members of the Defendant Promotion Committee.

B. On December 28, 2006, the Plaintiff lent KRW 50,000,000 to the Defendant Promotion Committee, and around that time, from around September 8, 2008 to September 22, 2008, the Plaintiff lent KRW 152,750,000 in total to the Defendant Promotion Committee as shown in the attached loan details.

(hereinafter “instant loan”). C.

On May 2, 2008, the Plaintiff entered into a service contract with the Defendant Promotion Committee on the authorization and permission and the execution of all business affairs related to housing reconstruction improvement projects (hereinafter “instant service contract”). Defendant B, C, D, and E jointly and severally guaranteed the Defendant Promotion Committee’s obligations under the instant service contract.

The main provisions relating to this case in the above service contract are as follows:

Article 10 of the Terms and Conditions of the Service Contract (Termination of the Contract)

1. A (Defendant Promotion Committee) may terminate a contract in any of the following cases:

2) A (the Plaintiff) fails to perform the duties of Article 18 within 14 days, in spite of the Defendant’s request, without good cause.

3. Where this contract is terminated or terminated even due to a cause attributable to A (Defendant Promotion Committee) or B (Plaintiff), A (Defendant Promotion Committee) shall be from the Plaintiff.