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(영문) 서울고등법원 2017.07.06 2016나2075051
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction association which completed the registration of incorporation on April 1, 1994 pursuant to the former Housing Construction Promotion Act (amended by Act No. 6852, Dec. 30, 2002) in order to implement a housing reconstruction project (hereinafter “instant rearrangement project”) that removes existing buildings on the land of 68,351 square meters in Chuncheon-si, C, Incheon-si, and constructs new apartment buildings, etc. (hereinafter “instant rearrangement project”).

The defendant is a corporation established for the purpose of construction business, etc., and is a contractor awarded a contract for the execution of the rearrangement project in this case.

B. On September 12, 2006, the Plaintiff entered into a contract and entered into a loan agreement 1) D apartment units (hereinafter “new apartment units of this case”) with D apartment units on October 30, 2006 on October 30, 2003, after consultation with the detailed adjustment process, such as the contract text, etc., during the period of one month after receiving the draft of the contract for construction works from the Defendant.

) A contract for construction works to be newly constructed (hereinafter referred to as “instant contract”).

AB concluded the agreement.

The main contents of the contract of this case are attached Form

1. The same shall apply to the description of a contract for construction works;

2) After the instant contract, the Plaintiff and the Defendant borrowed business expenses from financial institutions, and the Defendant jointly and severally guaranteed the debt of the loan and repaid interest on the loan in lieu of the Plaintiff, to lend business expenses pursuant to the proviso of Article 14(1) of the instant contract. On November 15, 2006, the Plaintiff decided to lend the business expenses to the New Bank of Korea, New Capital Capital Co., Ltd., New Insurance Co., Ltd., Ltd., New Life Insurance Co., Ltd., Ltd., hereinafter

(B) “The loan agreement of this case” refers to 1.2% per annum of interest rate and 30 billion won of loan limit (hereinafter “instant loan agreement”).

B. The Defendant concluded the Plaintiff’s above loan debt, and the Defendant guaranteed the Plaintiff’s above loan debt.

The main contents of the loan agreement of this case are attached Form 2.

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