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(영문) 서울중앙지방법원 2017.04.21 2015가합564285
대여금
Text

1. The plaintiff's lawsuit against the defendant C and E shall be dismissed.

2. Defendant B-building housing association, D, Company G, and H.

Reasons

1. Basic facts

A. Defendant B-building housing association (hereinafter “Defendant Association”) is a reconstruction association established for the purpose of constructing a reconstruction apartment (hereinafter “instant reconstruction project”) on one lot of 1,752 square meters outside 1,752 square meters outside 1,52 square meters in Hanam-si, and Defendant G Co., Ltd. (hereinafter “Defendant Company”) is a construction contractor of the said new construction project.

Defendant H is a person who held office as the president of the Defendant Union; Defendant C, D, and E is an investor in the said reconstruction project; Defendant F is a former director of the Defendant Company.

On the other hand, the plaintiff is a creditor who lent money in relation to the reconstruction project.

B. On July 18, 2008, between the Plaintiff and Defendant C, D, E, and F, the Plaintiff was written with the following loan certificates, in which the Plaintiff was named as the obligee, Defendant C, D, and E as the obligor, and Defendant F as the joint and several surety:

(hereinafter “First Use”). The above loan was to cover the expenses for the promotion of the reconstruction project of this case, and the loan was deposited in the account in the name of the non-party J-Building and Improvement Project Association managed by the defendant company.

(In addition to the reconstruction project in this case, the Defendant Company was in charge of construction of Jin-Type reconstruction apartment, K reconstruction apartment, Lin-Type reconstruction apartment project).

1. Loan principal: 370 million won;

1. Interest on loan: Interest at the rate of 30 million won per month from July 18, 2008 to October 18, 2008, and 30 million won per month from October 19, 2008 to October 19, 2008; and

1. Date of payment of interest: The eighteenth day of each month;

1. The due date: on October 18, 2008, the debtor borrowed the above amount from the creditor and the debtor shall furnish the creditor with the following security:

- - Future -

1. The registration of creation of a neighboring mortgage (the maximum amount of claims KRW 550 million) on land owned by the defendant's association in Gyeonggi-do, M, I, and N;

2. The reconstruction implementation of the J-Building and Maintenance Project Association shall be implemented by the Gangseo-gu Seoul Metropolitan Government O (JJ) No. 801, 704.

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