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(영문) 서울중앙지방법원 2017.09.21 2016가합565346
대여금
Text

1. As to the Plaintiff’s KRW 460,861,940 and KRW 88,302,420, among them, Defendant A’s Housing Redevelopment and Improvement Project Association’s KRW 460,861,940.

Reasons

Basic Facts

Defendant A Housing Redevelopment and Improvement Project Association (hereinafter “Defendant Cooperatives”) is a housing redevelopment and improvement project partnership established on May 7, 2007 after obtaining authorization for the establishment of May 15, 2007 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff is a corporation operating a rearrangement project management business, etc. under the Urban Improvement Act.

On October 29, 2010, the Plaintiff and the Defendant entered into a service contract for specialized housing redevelopment management business (hereinafter “instant service contract”) with the service cost of KRW 1,886,544,000,000, which is related to the instant case as follows.

Article 6 (Lending and Repayment of Funds) (1) A (Plaintiffs) may lend funds when Gap (Defendants) requests operating expenses incurred in relation to the progress of partnership operations.

The period shall be up to six months until the selection of the contractor and the conclusion of the contract, and it shall be up to six months.

(2) A shall immediately repay in cash the amount loaned from B when selecting a contractor and concluding a contract.

(3) Where this contract is rescinded or terminated before the selection of a contractor and the conclusion of a contract, A shall immediately return the loan to B.

Article 8 (Amount of Services and Terms of Payment) (10% of the total amount of services shall be paid to B from the total amount of services to the following ratio: 10% of the total amount of services when the general meeting is authorized to approve the management and disposal plan at 20% when the general meeting is approved to formulate the management and disposal plan at 10% when the general meeting is approved to formulate the management and disposal plan at 20% when the 10% project implementer is selected and the contract is concluded to implement the project:

(2) The cost of maintenance and improvement project for Gap shall be paid by Eul at the request of Eul according to the service schedule by phase as referred to in paragraph (1), and Gap shall not delay the payment of the cost of services without any justifiable ground.

(4) Where delay is made for not less than one month from the date of payment by phase under paragraph (1), A’s bank general credit loans.

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