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(영문) 서울고등법원 2020.10.16 2020나2007222
대여금 반환
Text

Of the judgment of the first instance, the part against Defendant F is revoked, and the Plaintiff’s claim against Defendant F is dismissed.

The plaintiff.

Reasons

1. The reasoning of the judgment of this court that is to be stated in this part of the basic facts is as follows. Article 30 is added to the "Article 37" of the fifth letter box of the judgment of the court of first instance, and the reasoning of the judgment of the court of first instance is as follows.

C. (1) and (4) are amended as follows, and the part of Defendant F is deleted from not more than 7 pages 20 (based on recognition) and, except for adding evidence Nos. 23, 26, 31 and evidence Nos. 12 and 13 to evidence Nos. 23, 26, 31 and evidence Nos. 12 and 13, the reasoning of the judgment of the first instance is the same as that of the basic facts of paragraph (1).

Article 30 (Cancellation, Termination, and Compensation of Contracts)

1. In any of the following cases, the instant association may order the Plaintiff to suspend construction and cancel and terminate the contract, and the damages incurred therefrom shall be compensated by the Plaintiff:

When the plaintiff is unable to complete the construction facilities within the construction period without justifiable grounds;

B. When the plaintiff is unable to achieve the purpose of the contract in violation of the contract terms

(c) Where the commencement of construction works has not been commenced without any special reason even after three months have elapsed since the relocation of residents was completed;

D. When the contract is terminated due to a cause attributable to the Plaintiff, the Plaintiff waives all the construction costs and expenses incurred therein.

2. In any of the following cases, the Plaintiff may suspend the construction and cancel and terminate the contract, and return the project cost invested by the Plaintiff and the loan paid to the instant association, and the Plaintiff’s loss incurred therefrom shall be compensated by the instant association or association members:

When the complete relocation has not been completed by the date of the relocation agreement, or it is not possible to implement the construction;

(b) When construction has been delayed due to a cause attributable to the instant association, and the period exceeds three months;

C. It is impossible for the instant association to complete the construction facility as it fails to fulfill the terms and conditions of the contract without justifiable grounds.

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