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(영문) 서울고등법원 2017.04.14 2016나2062284
대여금
Text

1. Of the judgment of the court of first instance, the Defendants amounted to KRW 307,202,530 and its amount from August 1, 2013 jointly and severally against the Plaintiff.

Reasons

1. Basic facts

A. Status of the parties (1) The Plaintiff is a corporation running a rearrangement project management business.

(2) Defendant A’s Housing Redevelopment Improvement Project Promotion Committee (hereinafter “Defendant A’s Promotion Committee”) is for the purpose of promoting the project to improve A’s housing redevelopment project (hereinafter “instant project”) in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, Bupyeong-gu, Incheon, and is the Promotion Committee under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which was approved by the head of Bupyeong-gu, Incheon Metropolitan City, and the rest of the Defendants are officers of the Defendant Promotion Committee.

B. (1) On October 22, 2009, the Plaintiff and the Defendant Promotion Committee entered into a rearrangement project specialized management service contract (hereinafter “instant service contract”) and a monetary loan contract (hereinafter “instant monetary loan contract”) for the instant business on or around October 22, 2009, respectively, and the key contents thereof are as follows.

[Specialized Management Services Contract for Rearrangement Projects] Article 3 (Method of Implementation of Projects)

2. The project promotion cost of the Defendant Promotion Committee shall be lent by the Plaintiff to the Defendant Promotion Committee, and the Defendant Promotion Committee shall pay the principal and interest of the loan, such as the principal and interest of the project promotion cost borrowed from the Plaintiff pursuant to Articles 11 and 12, within 30 days after the Si is selected.

Article 11 (Lending Business Promotion Expenses)

1. The project cost under this contract shall be lent by the Plaintiff to the Defendant Promotion Committee until the time when the project is selected, and shall be paid on the 30th of each month in accordance with the written request (written request for a loan) by the Defendant Promotion Committee under the approved budget of the

2. The project promotion expenses to be raised by the plaintiff shall be paid from the date when the residents' general meeting of the defendant's promotion committee approves the budget for the project promotion expenses after concluding a contract;

3. The Defendant’s promotion committee or the Defendant’s union members and the Plaintiff respectively prepare a monetary loan agreement necessary for the financing of business promotion expenses and the procedures accordingly.

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