(영문) 서울중앙지방법원 2015.02.05 2013가합69847

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(영문) 서울중앙지방법원 2015.02.05 2013가합69847

대여금

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1. The Defendant A’s Housing Redevelopment Promotion Committee (hereinafter “Defendant A’s Housing Redevelopment Promotion Committee”) shall be the Plaintiff’s KRW 1,744,102,889 and its amount from October 26, 2013.

Reasons

1. The establishment promotion committee of the Defendant A Housing Redevelopment Association (hereinafter referred to as the “Defendant Promotion Committee”) was established for the purpose of implementing the housing redevelopment improvement project in Dongdaemun-gu Seoul Metropolitan Government.

The defendant promotion committee entered into a contract with the plaintiff on April 15, 2003, before obtaining approval for establishment.

The contents of the instant issues in the construction contract are as follows.

Article 6 (Joint Surety)

1. The officers elected in accordance with the articles of incorporation of the Defendant Promotion Committee are obligated to faithfully comply with this Agreement, and when entering into any contract relating to the promotion of redevelopment projects per party, they shall be joint and several guarantors of the Defendant Promotion Committee.

Article 10 (Lending of Funds)

1. The Plaintiff shall lend the following funds actually required at the time necessary for the implementation of the project at the request of the Defendant Promotion Committee:

2) The project cost shall be free of interest in the following cases within the total amount of KRW 4.5 billion: Provided, That when the Plaintiff and the Defendant’s promotion committee make a monetary loan contract, and the executives of the Defendant’s promotion committee have to set up joint and several surety and collateral security for the relevant loan obligations; hereinafter the same shall apply) the Plaintiff lent KRW 2,144,102,889 in total to the Defendant’s promotion committee from May 7, 2003 to December 30, 2009. The Defendant’s promotion committee failed to implement the project and reported dissolution on February 12, 2009, and was dissolved on April 16, 2009.

2. The judgment on the loan obligation (claim against the Defendant Promotion Committee) was dissolved, and the construction contract was legally rescinded by the Plaintiff’s declaration of intent to cancel the contract on the ground that the contract was impossible to perform the contract.

As the contract for construction work has been rescinded, the defendant's promotion committee has become due.

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