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(영문) 인천지방법원 부천지원 2018.03.14 2017가단107782
대여금
Text

1. The plaintiff's lawsuit against the promotion committee of the defendant A Housing Association shall be dismissed;

2. Defendant B shall pay to the Plaintiff KRW 200,000,000.

Reasons

1. Basic facts

A. On October 2013, the Plaintiff agreed to apply 200,000,000 won to the Defendant’s promotion committee and the non-party company in relation to the construction project of the new apartment of the A Housing Association, the Defendant’s promotion committee and the non-party company in relation to the construction project of the A Housing Association (hereinafter the non-party company), the interest rate of 30% per annum until February 7, 2014, and the period of applying interest on the loan exceeds the repayment date.

(See Article 4 of the monetary loan contract of this case). A monetary loan contract of this case was concluded to grant a loan with a set of terms (hereinafter “money loan contract of this case”).

B. On October 22, 2013, the Defendant Promotion Committee held an inaugural general meeting, appointed Defendant B as the representative, ratified the instant monetary loan contract, and confirmed the purpose of establishment of the Promotion Committee of Cooperatives (to provide for necessary matters concerning the project of a regional housing association under the Housing Act, protect the rights and interests of its members, and facilitate the promotion of the project, thereby ensuring the stability of the residential life of its members), the name (A Housing Association Promotion Committee C, and the principal office (Seoul Eunpyeong-gu, 2nd floor), and set up the rules of the Promotion Committee of Regional Helps Association (Standard Rules containing the above contents), and made a decision on the application of the registration number for real estate registration.

C. On October 25, 2013, the Plaintiff lent KRW 200,000,000 to the Korea Trust account under the instant monetary loan agreement to the Defendant Promotion Committee and the Nonparty Company, but has not been repaid until now.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, 2-2, 3-1 to 3-3, the purport of the whole pleadings

2. Determination

A. The legal nature of the Defendant promotion committee is 1 non-corporate groups or the clans do not have special organization activities such as clans.

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