beta
(영문) 서울중앙지방법원 2015.10.07 2015가합511717

대여금 등

Text

1. The Defendants jointly and severally act on July 17, 2015 with the amount of KRW 323,146,590 as the Plaintiff and the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a management entity specialized in the improvement project as prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which regulates a rearrangement project, such as reconstruction redevelopment, etc., and the Defendants are working as the promotion chairperson (Defendant A), vice-chairperson (Defendant B), and general secretary (Defendant C) of the Urban Environment Improvement Project Promotion Committee (hereinafter “instant Promotion Committee”).

B. The Plaintiff and the instant promotion committee concluded on May 7, 2007 the project implementation promotion agreement (hereinafter “the instant agreement”) and the monetary loan agreement (hereinafter “the instant monetary loan agreement”) in the course of promoting the “(tentative name) Urban and Residential Environment Improvement Project” (hereinafter “instant project”).

Article 2 (Scope of Convention Work) (1) “B” shall conduct administrative affairs so that “A (the instant promotion committee)” can obtain approval of the promotion committee of this case under Article 13 (Establishment of Partnership and Organization of Promotion Committee) of the Urban Improvement Act.

(2) "A" shall, after obtaining approval from the Yeongdeungpo-gu Office for Promotion of this case pursuant to Article 13 (Establishment of Cooperatives and Organization of Promotion Committee) of the Urban Improvement Act, provide opportunities to participate in tendering for a rearrangement project management company.

Provided, That “B” shall not request “B” to restrict qualifications for tendering in favor of “B” so that “B” may be selected as a specialized management businessman of the project in the instant case.

Article 3 (Service Costs) The total amount of service costs shall be the amount of KRW 40,000 per square meter on the total floor area newly built in the relevant zone, and the value-added tax shall be separately imposed.

Provided, That in the future, a change may be made according to the amount of tender service at the time of consultation between "A" and "B" or of the selection of a maintenance business entity. Article 4 (Financial Loans) ① "B" shall be the month of the business security office necessary for the promotion of the project of "A".