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(영문) 부산지방법원 2017.05.25 2016가합40555
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 10, 2009, the Plaintiff is a management body comprised of sectional owners of the instant building pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”). The Plaintiff is a corporation that had the authority to operate the “B shopping mall” from the company that was holding the authority to operate the “B shopping mall.” The Defendant is a management body comprised of sectional owners of the instant building pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter “Building Act”).

B. The building of this case was used as “B shopping mall” from April 26, 2008, but its operation continued, and the Plaintiff and the Defendant prepared a plan to revitalize shopping malls, such as the sale of the building of this case for the revitalization of the business of the shopping mall. On November 23, 2009, the Plaintiff and the Defendant agreed on the method to pay management expenses, the management corporation (at the time, the company D(hereinafter “D”)’) absorptions the Defendant.

C. On December 2, 2009, under the premise of the plan for revitalization of commercial buildings as a premise of the conclusion of the MOU, the Plaintiff: (a) leased most of the instant buildings to Ireland, and around December 2, 2009, at the same time; (b) prior to the conclusion of this contract, the Plaintiff settled all debts incurred within the leased object (e.g., nominal expenses, unpaid service charges of the company managing the buildings and the service company, public charges and management expenses, etc.; hereinafter “instant liquidation expenses”); (c) instead, this Ireland concluded a memorandum of understanding with the Plaintiff and the Defendant to lend the instant liquidation expenses to the Plaintiff. (b) On February 2, 2010, this Ireland appointed the Plaintiff and the Defendant, the representative director of the Plaintiff company, as the head of the management body, the Defendant’s representative director; (d) cooperation in executing lease agreements, such as approval of the Defendant’s General Assembly, etc. to conclude the lease agreement.

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