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(영문) 서울동부지방법원 2017.06.28 2016가합108517
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 19, 2009, the Mayor of Dongdaemun-gu, Seoul and 22,908 square meters of land B and 21 square meters of 22,908 shall be designated as a rearrangement zone and D Co., Ltd. (hereinafter “instant rearrangement project”)’s project implementation representative for C rearrangement project (hereinafter “instant rearrangement project”), stated D Co., Ltd.’s announcement on February 19, 2009 as “G Co., Ltd.’s corporation,” and this appears to be a clerical error of “D Co., Ltd.”.

(Representative Director: E, hereinafter referred to as “D”) was selected.

After June 30, 2016, the representative of the project implementation of the rearrangement project in this case was changed to Cheongchidi.

B. In addition to D, E is the representative director of F Co., Ltd. (hereinafter “F”). On December 31, 2010, the Plaintiff entered into a loan agreement with F to the extent of KRW 2 billion with respect to the Plaintiff’s lending of the instant rearrangement project funds to F and obtaining a guarantee for participation in construction in return (hereinafter “instant loan agreement”).

The main contents are as follows, and the defendant participated in the loan contract of this case as a witness.

The purpose of this contract is to borrow funds from Gap [Plaintiff] in connection with the maintenance project of Eul [F] in connection with the loan contract of Article 1 (Purpose) of the loan agreement, and to provide for matters relating to the collection of the loan and the premise for the loan.

Article 2 (Loans) (1) The limit of total loans shall be two billion won.

2. 50 million won out of the above limit shall be deposited in cash to the account of the head of the Tong immediately after the conclusion of this contract.

Article 4 (Matters of Special Agreement) (1) Matters premised on the execution of this Agreement in relation to the borrowing of funds shall ensure that A may carry out construction works falling under civil engineering works among the types of construction works for C when construction works are commenced due to the progress of the C Improvement Project, which shall be agreed by the observer (Defendant).

(2) The scope, method of execution, quantity, unit price, etc. of the above civil works shall be determined by the internal standards for subcontracting of works by observers.

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