양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The establishment promotion committee for the housing reconstruction and improvement project (hereinafter referred to as the "defendant") is established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of implementing the housing reconstruction and improvement project in the Guro-gu Seoul Metropolitan Government 454-14.
A Co., Ltd. (hereinafter “B”) has the obligation to return loans as seen below against the Defendant, and the Plaintiff acquired the said obligation from B.
On February 29, 2008, B entered into a service contract and a loan for consumption between the Defendant and B (hereinafter “instant service contract”) with the Defendant, and leased KRW 279,600,000 (hereinafter “instant loan”) under the said service contract from September 21, 2007 to March 22, 2010 under the said service contract.
Article 6 (Lending of Project Promotion Expenses) (1) The project promotion expenses under this contract shall be mutually agreed upon between the defendant and B, and shall be used as the operating expenses of the project promotion committee.
2. The defendant shall reimburse B, within 15 days after entering into a contract for the selection of a contractor, the loans for business promotion expenses under paragraph (1) of this Article.
(3) B shall lend the necessary project cost to the defendant after the selection of the contractor and until the conclusion of a contract.
Article 13 (Prohibition of Assignment) (1) The defendant and B may not transfer, offer or succeed to any third party in a lump sum or as security unless they mutually agree to the rights or obligations arising from this contract.
On August 17, 2006, the Plaintiff borrowed KRW 500 million from the Korea Life Insurance Co., Ltd. on August 17, 2006 and lent the above money to B, upon receiving a request from the director C of B to make a lending of money under the name of operating expenses for the business of B.
B on September 18, 2006, the sum of the principal and interest KRW 500 million to the Plaintiff on September 18, 2006, KRW 850 million.