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Reasons
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(영문) 대구지방법원 2018.10.05 2017가단26703
대여금등
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1. The defendant shall be 34,491,300 won to the plaintiff corporation, and 34,420,900 won to the plaintiff corporation and each of the above amounts.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation established in order to carry out the E-Housing Reconstruction Improvement Project (hereinafter “instant project”) at the KRW F land in Daegu Northern-gu.

B. In order to facilitate the instant project, the Defendant borrowed a total of KRW 30 million from the Plaintiff Co., Ltd. (hereinafter “Plaintiff”) KRW 20 million on February 15, 2007, and KRW 10 million on July 24, 2007, and borrowed KRW 30 million from the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) on February 15, 2007, after selecting the date of redemption within 30 days from the date of the contract. The Defendant borrowed KRW 30 million in total from the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) on July 23, 2007.

C. The Plaintiffs conducted an appraisal of the instant land upon request from the Defendant, and accordingly, the Plaintiff A assessed KRW 4,491,300, and the Plaintiff C assessed KRW 4,420,90, respectively.

After that, the defendant selected the city construction work and concluded the contract.

[Ground of recognition] The facts without dispute, Gap's entries in Gap's evidence 1 to 6, Gap's evidence 1 to 3 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay the Plaintiff A a total of KRW 34,491,300,000 and KRW 4,491,300,000 and KRW 34,420,90,000 and KRW 34,420,90,000 and KRW 34,420,90,000, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the day on which the copy of the complaint of this case is served to the day of full payment.

B. As to the defendant's assertion, since each of the above loans and service contracts is null and void without the representative of the defendant's association to undergo a resolution at the general meeting of the members, the defendant's association is not obligated to pay the above loans and evaluation fees to the plaintiffs. However, according to each of the evidence Nos. 7 and 8, the defendant's association

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