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(영문) 서울고등법원 2016.10.06 2016나2019891

대여금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim against the defendant corresponding to that part shall be filed.

Reasons

1. The plaintiff extended a total of KRW 131,00,000 (where calculated accurately, KRW 131,300,000 or KRW 131,00,000, or KRW 131,000, or KRW 131,000, or KRW 130,000, or KRW 130,000, or KRW 130,000, or KRW 130,000) to the non-party corporation and the co-defendants of the first instance court (hereinafter referred to as the "period") under the joint and several guarantee of the defendant and the co-defendants of the first instance court (hereinafter referred to as "promotion committee"), and the court of first instance rejected the remainder of the loan claims against the defendant and the co-defendants of the first instance court until September 29, 209, and dismissed the remainder of the loan claims against the defendant and the co-defendants of the second instance court, 300,000.

Since only the defendant appealed, the scope of this Court's trial is limited to the claim of KRW 3,00,000 on June 9, 2010 against the defendant.

2. Determination

A. Basic facts 1) The housing reconstruction rearrangement project (hereinafter referred to as the “building rearrangement project in this case”) under the business zone of the Jung-gu Daejeon Jung-gu JJ as its business district

On June 5, 2007, a promotion committee aimed at carrying out a service contract with the Defendant, etc., who is an executive officer, entered into the said rebuilding improvement project’s professional management duties (hereinafter “instant service contract”).

Of them, the contents of this case are as follows. ① The business expense of the 6th section 6th, upon the request of the promotion committee, shall be accompanied by the minutes of the promotion committee or the minutes of the resident general meeting, and shall be lent to the said promotion committee during the period of a monetary loan contract with the debtor and the creditor.