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(영문) 서울서부지방법원 2015.10.21 2015가합2133

손해배상

Text

1. Defendants A, B, and C shall pay to each Plaintiff KRW 1,260,000,000 and all of them from July 5, 2015.

Reasons

1. Basic facts

A. The Seoul Mapo-gu Seoul Metropolitan Government Construction Project for the purpose of construction of an existing apartment house and an officetel on the ground (the representative is the non-corporate body of the non-corporate body which was voluntarily organized for reconstruction purposes, not the association that obtained authorization of the reconstruction association as Defendant A) and the “E reconstruction association” established to carry out the same project on the ground of E (the legal nature of the organization is the same as the above D reconstruction association) has contracted the Defendant C Co., Ltd. (hereinafter the “Defendant Co., Ltd.”) to construct an officetel on the ground of the above site, which is the construction of the instant construction project. The Plaintiff supplied the instant construction project to the Defendant Co., Ltd. on May 31, 2005 and received approval for the use on November 2, 2009.

B. D and E reconstruction association opened an extraordinary general meeting on January 2007, where the construction of the instant case was in progress, and passed a resolution to procure the construction cost of the instant case by obtaining loans under the name of its members. Around March 2007, Defendant Dongwon Saemaul Savings Depository (hereinafter “Defendant Saemaul Savings Depository”) borrowed nine million won per member per each member.

(hereinafter “instant loan”). C.

On February 27, 2007, at the request of the Defendant’s Treasury, the Plaintiff, the Defendant Company, and B drafted a letter of performance of this case with the following contents:

Each letter, etc. (Defendant Company, A, B, and the Plaintiff) shall borrow from the Defendant’s Treasury funds of KRW 4 billion for construction of an officetel for the Ministry of Strategy and Finance, Mapo-gu Seoul and four parcels, and shall faithfully fulfill the following terms and conditions, and if any violation occurs, each letter, etc. shall be jointly and severally liable for the violation, and no objection shall be raised to any legal measure taken by your Treasury:

3. The execution of a loan is to arrange all matters to be performed by construction work through consultation with the Defendant’s credit cooperative, and it is judged that it is adequate to consult with the Defendant’s credit cooperative as a whole.