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(영문) 서울고등법원 2015.06.05 2015나2002964
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 3-3, 3-26, 3-7, and 3-7:

1) The status of the parties to H apartment reconstruction and rearrangement project association (hereinafter “instant association”)

[Attachment-si, Seocheon-si and 4 lots outside the G (hereinafter “instant lots”)

3) The business of rebuilding 1,613 units and commercial buildings of the 25th underground floor and H apartment on the 25th ground, and kindergarten facilities on the 25th ground (hereinafter “instant business”).

(2) On January 31, 2008, the Plaintiff obtained authorization to establish an association from the Busan City on July 13, 2007, with the aim of implementing the project. (2) On January 31, 2008, the instant association and the instant reconstruction project were determined as the construction cost of the instant reconstruction project (excluding value-added tax) and entered into a construction contract with a share-based method (hereinafter “the first construction contract”). On January 13, 2010, the first construction project was modified from the share-based share system to the contract system and partially reduced the construction cost (hereinafter “the first alteration contract”). On July 8, 2011, the project implementation method maintained as it is, but was re-amended by the content that partial increases the construction cost (hereinafter “the second alteration contract”).

3) The Defendants are members of the instant association and H apartment scheduled to be constructed on the instant site by the Plaintiff (hereinafter “instant apartment”).

B) The sales contract was concluded with respect to the Defendants. (B) In order to pay the members’ contributions under the above sales contract, Defendant A borrowed KRW 105,103,00 from our bank (hereinafter “Korea bank”) and Defendant D borrowed KRW 110,443,00 as of July 31, 201, respectively. The Plaintiff extended the loan to Korea Bank and the Defendants on July 28, 2011.

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