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(영문) 서울동부지방법원 2012.08.03 2012가단100174
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiffs each of KRW 10,000,000, and against the Plaintiff A, August 10, 2004.

Reasons

1. Basic facts

A. On December 30, 2002, the Plaintiffs and the owners of H, I, J land and its ground lending (Defendant E and F were co-owners of one household household as husband and wife) established K Apartment Association for the purpose of rebuilding a new apartment (18 households) (hereinafter “the instant association”). On May 2003, the instant association entered into a contract with L Co., Ltd. (hereinafter “L”) and the construction cost of the instant association with the amount of KRW 1.64 billion for a new construction project of multi-family housing (hereinafter “the instant association”).

B. The plaintiffs and the members of the instant association who agreed to the reconstruction project, including the defendant E and F, have obtained loans of 55 million won per household as the site for the reconstruction project and paid them to the instant association. The instant association paid 15 million won among them as construction price L, and agreed to lend 40 million won to each partner household as moving expenses. Accordingly, around May 30, 2003, the association of this case paid 45 million won per household interest rate of 8.5% per annum from the Jung-dong Saemaul Bank of Busan, Dong-dong, Seoul, and 15 million won per household (the interest rate of 30 million won, 25 million won, as interest rate of 30 million won shall be borne by the debtor) and paid 55 million won per household from each of the instant associations. The association of this case paid 5 million won per household interest rate of 15 million won and 5.5 million won per household from the union members.

C. On June 10, 200, the instant association paid the moving expenses to the members of Defendant E and F, who are the members of the association, 90 million won more than the relocation expenses originally agreed, and paid 10 million won to M and N, who are the members of the association, in excess of the relocation expenses originally agreed, and paid 10 million won more than the relocation expenses initially agreed, while the Plaintiffs and seven members of the association, including the Plaintiffs, paid 30 million won less than the relocation expenses initially agreed.

After all, the reconstruction project is implemented.

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