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(영문) 수원지방법원안산지원 2017.06.30 2016가단23441
구상금등
Text

1. Of the instant lawsuit, Nonparty 1 filed a claim against the Defendant subrogated to Nonparty B Housing Reconstruction Project Association.

Reasons

1. Basic facts

A. On May 10, 2010, the Plaintiff agreed to enter into a construction contract for a reconstruction project (hereinafter “instant contract”) with a non-party B housing reconstruction project partnership (hereinafter “non-party B housing reconstruction project partnership”) as follows.

Article 4 (Methods of Implementing Projects) (3) A non-party union and the plaintiff shall lend the moving expenses (120,000,000 won per household) to the non-party union members without interest, and a member of the non-party union shall submit all documents requested by the financial institution and sign and seal them. In this case, the member of the non-party union shall reimburse the principal and interest pursuant to Article

Provided, That the amount exceeding 120,000,000 won shall be borne by the members of the non-party partnership with interest.

Article 14 (Support for Expenses Incurred in Operating Partnership) The plaintiff shall subsidize the expenses incurred by the operation of the partnership to the non-party partnership, and the period, method, the limit of expenses incurred in operating the partnership, etc. shall be determined through consultation

Article 15 (Lending of Relocation Expenses) (1) A member of the non-party association shall lend 120,000,000 won per household as interest free of charge.

Article 16 (Reimbursement of Relocation Expenses) (1) The repayment of the principal and interest of the relocation expenses leased to a member of the non-party association shall be the day reaching the expiration date of the occupancy period or the expiration

Provided, That if a member of the non-party association wishes, he/she may reimburse all or part of the relocation expenses at an early stage.

(3) Where a member of the non-party association who borrowed the moving expenses redeems the moving expenses within the period under paragraph (1), the interest calculated by applying the interest rate on housing loan interest rate (where a separate financial institution exists, referring to the relevant financial institution; hereafter the same shall apply in this paragraph) in a commercial bank shall be paid separately to the plaintiff or financial institution only for the portion exceeding 120,000,000 won per household; where repayment is made after the lapse of the period under paragraph (1), the overdue interest rate on housing loan in

B. The defendant is non-party.

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