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(영문) 서울북부지방법원 2020.01.09 2019나1365

대여금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a specialized maintenance business.

B. A district housing redevelopment and rearrangement project partnership (hereinafter “instant redevelopment project partnership”) was established in around 2005, and was dissolved by a resolution of the board of representatives on August 25, 201, and E was appointed as a representative liquidator, and E was appointed as a liquidator.

(E, etc. hereinafter referred to as "previous Liquidators").

On September 6, 2011, the Housing Redevelopment Project Association Property Protection Countermeasure Committee (A) and the Plaintiff (A) concluded a contract (hereinafter “instant contract”) with the following terms and conditions, and at this time, the Defendant jointly and severally guaranteed the aforementioned Countermeasure Committee’s representative.

(However, A’s signature and seal is not in the contract but in the contract with the Plaintiff and the Defendant’s seal. The content of the housing redevelopment project agreement in the zone C: The period of the contract for liquidation consulting services: Article 1(the location of the business and the purpose of this contract) from the contract date to the completion of the project (the liquidation of the partnership). (2) The purpose of this contract is to provide B with professional services necessary for liquidation management, etc. in promoting the said project in progress.

Article 2(B)(1) A shall carry out the following operations within the scope of the contract period with respect to the affairs of the union and liquidation services of the union:

1. Granting subsidies for the business of collecting final contributions;

2. Support for various kinds of authorization and permission businesses;

3. Support for the management of members;

4. Progressing the business of selling apartment and commercial buildings in general;

5. Support for responding to various lawsuits instituted by the association;

6. Support for overall business affairs, such as rental, liquidation, and dissolution;

(2) If it is necessary to provide additional human resources, legal, accounting, or other services to experts in the course of carrying out the affairs referred to in paragraph (1), A shall be determined to bear expenses and be borne by B.