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(영문) 서울북부지방법원 2020.08.13 2018가합20716

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

In August 2001, the victims who suffered damage from the Seongbuk-gu regional development project were organized by the Committee for Countermeasures against Damage to the General Child Group, and the plaintiff was working as the chairperson of the Committee for Countermeasures against Damage.

Since then, the plaintiff and the above victims decided to establish a housing association for the construction of apartment buildings, and held an inaugural general meeting on August 19, 2002 and July 24, 2004 to form a promotion committee of the C Regional Housing Association (hereinafter “instant promotion committee”), and the plaintiff was elected as the chairperson.

On September 30, 2005, the Plaintiff was working as the chairperson of the instant promotion committee, and submitted a letter of resignation to the chairperson around September 30, 2005. On October 21, 2005, the Plaintiff prepared a letter of understanding (Evidence A 4) through the board of directors to take over the affairs following the submission of the letter of resignation, and transferred the Defendant’s business to D in accordance with the above letter of understanding, and transferred all assets owned by the promotion committee of this case.

As such, the defendant was established by succeeding the real estate, funds, and members owned by the promotion committee of this case in accordance with the above awareness of understanding, and thus, the promotion committee of this case and the defendant are maintained its identity.

The Plaintiff, while working as the chairperson of the instant promotion committee, deposited KRW 744,429,217 in the form of provisional payment, and returned KRW 475,413,026 in the form of provisional payment and did not receive a refund of KRW 269,016,191. The Plaintiff has the above 269,016,191 loans against the Defendant who succeeded to the instant promotion committee.

On January 31, 2007, the Plaintiff: (a) borrowed KRW 195,00,000 from E’s representative F to borrow KRW 195,00,000 from E’s representative; (b) the instant promotion committee failed to repay to F; and (c) filed a lawsuit against the Plaintiff seeking the return of KRW 195,00,000 against the Plaintiff.

(Seoul Central District Court 2017Kadan8690). The plaintiff in the above case.