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1. The defendant,
A. As to Plaintiff A, 150,874,323 won and 109,876,171 won among them, the period from October 27, 2012 to 40,98
Reasons
1. Basic facts
A. The parties 1) The defendant is the defendant's reconstruction project on the five lots outside Guro-gu Seoul Metropolitan Government E and the five lots above (hereinafter "the project of this case").
In order to promote the establishment on August 19, 197, the establishment registration was completed on July 31, 2003 after obtaining authorization to establish the association on August 19, 1997. 2) The Plaintiffs are married couple, and are the Defendant’s members.
B. Plaintiff A’s loan 1) around 1997, the Defendant purchased the F and G land in Guro-gu Seoul Metropolitan Government for the instant project, and requested eight members of the Defendant including Plaintiff A to borrow money with a loan from financial institutions. On October 4, 1997, Plaintiff A received a loan of KRW 45 million at a rate of 13.75% per annum from a foreign exchange bank, and delivered KRW 4,355 million, excluding the loan fees. On October 4, 1997, the Defendant prepared a loan certificate with the following contents and delivered it to Plaintiff A. The amount of KRW 44,350,000: KRW 44,350 as the purchase cost of the land in the said C association’s project: KRW 44,350 as the purchase cost of the land (F, G) loan, interest rate (bank interest rate) and other loan costs and other expenses to be paid at the time of borrowing and settlement) by the Defendant to the Plaintiff by 250,205.295.
C. Plaintiff A’s joint and several liability performance 1) Defendant around May 2002, a public-private partnership development company (hereinafter “public-private partnership development”)
(2) On 2006, the Seoul Central District Court filed a lawsuit against the Defendant for restitution of unjust enrichment under the Seoul Central District Court 2006Gahap31219 against the instant construction contract, and the Plaintiff A jointly and severally guaranteed the Defendant’s obligation under the construction contract.
The Seoul High Court (Seoul High Court 2007Na118059) decided July 17, 2009 against the Defendant for the development of the friendly industry at the appellate court of the preceding case (Seoul High Court 2007Na18059) and interest or delay damages.