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(영문) 서울고등법원 2017.04.25 2016나2039703

대여금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except where the court revises the case as follows, or where the defendants added the judgment as to the pertinent part of the case (as stated in the main sentence of Article 420 of the Civil Procedure Act) to the corresponding part (as stated in the judgment of the court of first instance, No. 21 of the decision of the court of first instance). Thus, the court shall accept it as it is in accordance with the main sentence of

[Revision] The "Defendant Association" in Section 4 of the fourth decision of the court of first instance shall be incorporated into "The Promotion Committee for the Establishment of the Urban Environment Improvement Association".

The "Defendant Association" in Part 10 of the decision of the first instance court shall be incorporated into the "P Urban Environment Improvement Association Establishment Promotion Committee".

The following shall be added to the fourth tenth sentence of the first instance court:

Defendant B, C, D, F, G, H, K, L, M, N, and Non-Party R, and S jointly and severally guaranteed the instant agreement. The “Defendant Cooperative” in the 7th sentence of the first instance judgment of the first instance court, “The Committee for Promotion of the Establishment of the Urban Environment Improvement Project Association,” shall be incorporated into “The Committee for Promotion of the Urban Environment Improvement Project Association.”

The "Defendant Association" of No. 16 of the 7th decision of the first instance court shall be in accordance with the following subparagraphs:

Article 15 (4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "the rights and duties related to the duties performed by the Promotion Committee shall be comprehensively taken place by the Cooperative." Since the defendant Cooperative obtained authorization for establishment from the competent authority on April 14, 2009, the above Promotion Committee's acts shall also be deemed as the acts of the defendant Cooperative except where it is necessary to distinguish the above Promotion Committee from the defendant Cooperative.

J.C.

2. Additional determination

A. As to the assertion related to the violation of Article 8(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012), Article 8(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is an urban environment improvement project.