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(영문) 서울서부지방법원 2015.10.07 2014가합39350

대여금

Text

1. As to Defendant B’s Housing Redevelopment Project Association’s KRW 638,353,457 and its KRW 49,479,767 among the Plaintiff, Defendant B’s redevelopment project partnership shall be governed by the said Act.

Reasons

1. Basic facts

A. From around 2008, the Plaintiff, Defendant C, D, E, F, and G were to promote housing redevelopment projects within H rearrangement zone from around 2008, and constituted a “H rearrangement Zone Establishment Promotion Committee” (hereinafter referred to as the “Provisional Promotion Committee”). The tentative Name Promotion Committee borrowed or guaranteed money on five occasions as follows in order to use it as operating funds. The tentative Name Promotion Committee is deemed to be a partnership under the Civil Act with no independent capacity of rights, as seen below. Nevertheless, the amount borrowed to use as operating funds of the tentative Name Promotion Committee is expressed as borrowing funds by the tentative Promotion Committee.

B. At the time of the first loan, the fourth loan, which seems to be followed, was first lent, but the number of loans was attached according to the circumstances in which the loan occurred, regardless of the actual time when the loan occurred.

The term "the next loan" when each loan is referred to as "the next loan", and when the whole loan is referred to, "each of the loans in this case". On January 20, 2010, the Promotion Committee agreed to borrow 100,000,000 won from I to 1 in advance and to pay in two-month installments the interest calculated at the rate of 3% per month for 200,000,000 won as well as 100,000 won already borrowed from I.

The notarial deed of promissory notes written in the process is written by the Plaintiff and I as the obligor and Defendant C, D, E, and G as the addressee.

C. On February 5, 2010, the second loan future bill, Inc. (the agreement on this part of the loan, stated the Plaintiff as a creditor, but there is no dispute between the parties as to the fact that I is an actual creditor) agreed to borrow 200,000,000 won and to pay in advance 3% interest per month between I and I on a two-month basis, and the promotion committee for provisional name is above I.

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