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(영문) 서울중앙지방법원 2012.05.04 2011가합73576

대여금

Text

1. The Defendants shall pay to each of the Plaintiff KRW 10 million and the interest rate of KRW 20% per annum from August 11, 201 to the day of complete payment.

Reasons

1. Facts of recognition;

A. Status 1 of the parties concerned

The Seongbuk-gu Seoul Metropolitan Government and 100 lots (hereinafter “instant project site”) are the project site.

(2) On July 18, 200, in order to remove old buildings on the ground and construct a main apartment, Defendant A was a reconstruction association authorized by the head of Seongbuk-gu Seoul Metropolitan Government, and Defendant A was the head of the above reconstruction association from May 9, 2003 to February 14, 2009. Defendant B entered into a new construction project agreement with the reconstruction association and its father and director of the above reconstruction association from July 7, 2009, Defendant D was the director from around 2003 to March 18, 2005, and Defendant C served as the auditor of the above reconstruction association from around 2003 to the date of construction of a new apartment, and the new construction project contract with the reconstruction association and the new construction project for the reconstruction project (hereinafter referred to as the “transfer construction project”). The Plaintiff entered into the construction project and reconstruction project with the reconstruction association on December 24, 2003 to the date of new construction and reconstruction project.

B. The reconstruction association entered into and terminate a construction contract with the reconstruction association and the relocation contractor, and the progress of related litigation 1) The reconstruction association entered into an agreement for the reconstruction project with the reconstruction association on December 24, 2003 to remove the existing building and the construction of new apartment and auxiliary facilities on the site of the project in this case and to collect construction expenses by selling the remaining households other than the association members' households in general (hereinafter referred to as the “construction agreement of this case”).

(1) Defendant D, Defendant C, and Defendant B jointly guaranteed obligations arising from the nonperformance of the said construction contract by a reconstruction association. The relevant contents of the instant construction contract are as follows. [Article 18] Management and disposition plan (Article 18) ① (A) (the reconstruction association is an appropriate compensation for land, etc. previously owned by its members).