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(영문) 서울고등법원 2016.04.08 2015나2060588

대여금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On March 26, 2009, the E Housing Redevelopment Project Promotion Committee established the E-Housing Redevelopment Project Promotion Committee (hereinafter “EAF Promotion Committee”) and the E-SPS (hereinafter “SPS”) established as a project site in the Nam-gu, Dong-gu, Dong-gu, Dong-gu, and H (I) concluded a service contract by setting the service period as “from the date of conclusion of the contract to the date of completion of the partnership liquidation” by multiplying the total service cost per 10,600 won for the construction site by the total service cost of the above housing redevelopment project by the total service cost of the construction site (excluding value-added tax). The above service contract shall be referred to as “the date of completion of the contract” (hereinafter “instant service contract”). During the above service contract, the E-SPP PP prepared for the establishment of the J Housing Redevelopment Project Promotion Committee (the Defendant B was the chairman of the development project and Defendant C without the overall signature and seal of the redevelopment project) and the Defendants’ joint and several sureties’s joint and several sureties’s joint venture agreement.

Article 6 (Loan for Business Expenses) (1) Where Party A’s executive officer or promotion member’s meeting minutes are attached to Party A, and Party B’s financial loan contract with Party B as Party B’s creditor, and Party B’s financial performance details are requested to be reported to the general meeting, Party A shall convene a general meeting and report the details thereof, and the expenses shall be borne by Party A.

In addition, interest on the loan of business funds shall be interest-free, but if any of the grounds of the subparagraphs of Article 12 occurs, this Article shall apply.