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(영문) 서울서부지방법원 2016.11.30 2016가단9080
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Nonparty B apartment reconstruction housing association (hereinafter “instant association”) is a housing reconstruction association for the purpose of constructing an apartment on its ground and having Seodaemun-gu Seoul and 32 lots, including the state and public land owned by the association members and the State and public land possessed by the association members, as the project district. The Defendant was a member of the instant association.

B. On July 2004, the instant association carried out the said reconstruction project by entering into a construction contract with the business agent, the non-party corporation as a contractor for the development of the remaining industry.

C. Around 2007 due to the aggravation of the financial situation of the instant association, it was difficult for the instant association to repay the principal and interest of the loans borrowed from the Nonparty Han Bank, and it became difficult to pay the construction cost, etc. to the said Samho Housing and the Southern Industrial Development. Ultimately, the project site of the instant association came to the situation of entering the auction.

Accordingly, around March 2007, the Plaintiff was led by the instant union, the construction cost for the housing and development of the Nam-gu industry, and the loans to Han Bank, and entered into an agreement to proceed with the said reconstruction project, and received a total of 3.6 billion won loans in the name of the members of the instant association, including the Defendant, at the place of movement of the Angang-gu Fisheries Cooperative in the name of each member of the instant association.

The Plaintiff, with the above funds, resolved the relocation expenses, construction expenses, and loans owed to the Han Bank, which the instant union bears for the housing and the development of the Southern Industrial Development until then.

E. At the time when the Plaintiff led and received a loan from an individual member at the Han River Network Telecommunication Transboundary Mobile Branch in the name of an individual member, each member took the form of borrowing the loan in the capacity of the principal debtor and the Plaintiff as joint and several sureties, but the loan interest is once paid by the Plaintiff for the convenience of the union members, and the settlement thereof is made.

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