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(영문) 창원지방법원 2016.10.21 2015가단86783
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Defendant-dong Housing Reconstruction and Rearrangement Project Association promoted apartment reconstruction project as a corporation comprised of apartment owners on the land outside the 454-dong, Seowon-gu, Seowon-si, Seowon-si, and the apartment owners on the land.

On April 12, 2014, the Defendant decided to enter into a service contract for specialized reconstruction project managers and administrative agencies, etc., and accordingly, entered into the instant service contract with the Plaintiff on April 14, 2014. Under the above service contract, the original Defendant: (a) from the contract date to the liquidation date of the Defendant Union; (b) the Plaintiff provided the Defendant association with services, such as preparing a written implementation plan for the project feasibility review and improvement project; (c) on behalf of the designer and contractor; and (d) on behalf of the Plaintiff for the establishment of the sale and management and disposal plan; and (c) paid KRW 1,763,316,450 to the Plaintiff at the request of the Plaintiff association; (d) the Plaintiff lent the necessary funds related to the said project to the Defendant association at the expense of the Plaintiff association; and (e) lent KRW 3 million per month operating expenses of the association until the time the Plaintiff was selected; and (e) the Plaintiff agreed to invalidate the said contract and claim for the Plaintiff’s bid expenses.

On March 25, 2014, the Plaintiff paid KRW 50,000,000 to the Defendant Cooperative. The Plaintiff notified the Defendant Cooperative that it would be converted into a loan on April 15, 2014.

In addition, from May 2, 2014 to November 11, 2014, the Plaintiff paid KRW 21,000,000 in total as operating expenses of the Defendant Cooperative every month.

The plaintiff was consulted with several construction companies to select the city construction project, but it is difficult to conclude the construction project due to the lack of the conditions, and requested the defendant association to revise the business plan, such as the adjustment of the height of the apartment building to be newly constructed, but the defendant association.

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