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(영문) 창원지방법원 2018.04.26 2017가합53357
대여금
Text

1. Defendant C Housing Redevelopment Project Association: the Plaintiff

(a) 1,538,190,500 won upon the primary claim and any of them;

Reasons

1. Basic facts

A. Status 1) A Co., Ltd. (hereinafter “A”)

(2) The committee for the establishment of H Housing Redevelopment Improvement Project (hereinafter “instant promotion committee”) is a promotion committee under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which is established to implement housing redevelopment improvement projects (hereinafter “instant redevelopment projects”), and Defendant D, E, F, and G were executives of the promotion committee of this case.

3) Defendant C Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Association”)

(2) On April 2, 2008, the Promotion Committee of this case, upon obtaining the authorization of establishment from the competent authority on April 2, 2008, entered into a contract for construction works (a) contracts with the Promotion Committee of this case (hereinafter “instant contract”) with the Housing Redevelopment Development Project Association established on April 4, 2008, under Article 15(4) of the Urban Improvement Act. (b) The Promotion Committee of this case entered into a contract between A and the Promotion Committee of this case (hereinafter “K”) with A and J Co., Ltd. (hereinafter “the instant consortium”), and signed a contract for construction works (a) contracts with the Promotion Committee of this case (hereinafter “instant contract”). Defendant D, E and G signed and sealed the instant contract as its officers.

2) On the other hand, the instant contract may borrow as interest-free any project cost, such as design and supervision service cost, partnership operation cost, agency service cost, etc. from the instant consortium (Article 15(1), 25(1), and 35(1).

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