A. The defendant association is a reconstruction association established for the purpose of removing B apartment units in Seoul Special Metropolitan City and constructing new apartment units (hereinafter “instant project”).

B. On December 30, 2013, the Plaintiff entered into a loan agreement between the Defendant Union and the Defendant Union to lend KRW 100 million to the Defendant Union as of June 30, 2014, and delay damages as “the overdue interest rate of ordinary bank loans” (hereinafter “instant loan agreement”), and deposited KRW 100 million in the account of the Defendant Union on the same day.

[Ground of recognition] without dispute, Gap-1]

2. Descriptions of five cards (including household numbers) and the purport of the whole pleadings;

2. Judgment on the main claim

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff KRW 100 million under the loan agreement of this case and damages for delay at the agreed rate from July 1, 2014 to the date of full payment, which is the day following the due date, pursuant to the loan of this case, unless there are special circumstances.

B. 1) As to the assertion of the Defendant Union, the Defendant Union asserts that the pertinent loan contract was concluded without going through a resolution of the general meeting of the Defendant Union. 2) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the lending of funds, the method, interest rate, and the method of repayment” under Article 24(3)2 shall go through a resolution of the general meeting. On the other hand, Article 85(5)5 and Article 24(3) shall be subject to criminal punishment for the executives of the association who arbitrarily promote the projects under the subparagraphs of Article 24(3) without going through

As above, the purport of Article 24(3) of the Urban Improvement Act that requires the resolution of the general meeting is to reflect the intent of the association members on matters that directly affect the rights and obligations of the association members.