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(영문) 서울남부지방법원 2016.06.22 2015가단48539
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 49,50,000 and the interest rate of KRW 15% per annum from August 14, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is a member of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Housing Reconstruction Project Association (hereinafter “the instant association”) established on September 7, 2007 in order to implement a residential environment improvement project to remove the above ground housing and commercial building and newly build an apartment building by making one unit of Seoul Yeongdeungpo-gu Seoul Metropolitan Government as the implementation zone of the rearrangement project.

(2) The instant association, around June 2009, ordered the Defendant to remove the existing buildings within the enforcement zone and to construct the apartment and its auxiliary facilities (hereinafter “instant apartment construction business”). In the case of moving expenses, the Defendant lent the building to the association members without interest, and made the Defendant receive payment from the association members on the designated date of moving.

However, even though the Defendant, a contractor, agreed to lend the moving expenses to its members at no interest rate, the Plaintiff and the Defendant, who did not have the funds, borrowed the funds directly from the financial institution, but the interest on the loans was borne by the Defendant until the date of the designation of the occupancy. Accordingly, the Plaintiff, a member of the Plaintiff, as the borrower, borrowed KRW 149,500,000 from the Korean bank (hereinafter “Korea bank”).

(3) After the new construction of an apartment, the instant association and the Defendant sent the Plaintiff, under the joint name, a written guidance of occupancy to deposit the relocation loan into the national bank account in the name of the association and to repay it to the Plaintiff. On May 15, 2013, the Plaintiff deposited KRW 149,50,000 into the national bank account in the name of the association according to the above written guidance of occupancy.

(4) The defendant did not use the plaintiff's relocation expenses deposited into the association's account for the repayment of obligations to the bank, and did so.

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