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(영문) 서울고등법원 2018.11.23 2018나2030465
대여금
Text

1. Of the judgment of the court of first instance, the part concerning Defendant B’s Housing Redevelopment Project Promotion Committee is revoked, and the Plaintiff’s defendant.

Reasons

1. The reasons why this court’s basic fact is stated are the same as the corresponding part of the judgment of the court of first instance, and thus, it is citing it according to the main sentence of Article 420 of the Civil Procedure

2. Part concerning the claim against the defendant promotion committee

A. The gist of the Plaintiff’s assertion was on August 10, 2006, the Plaintiff lent KRW 2,260,534,160 to the Defendant Promotion Committee and the Defendant Association in accordance with the instant contract. As such, the Defendant Promotion Committee is obligated to pay KRW 500 million and its delay damages as part of the instant loan to the Plaintiff.

B. In light of the contents, form, and purport of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “former Act”), Articles 13(1) main sentence, 14, 15(5), 16, 18, 19(1), 27, and 85 subparag. 4 of the same Act, and Articles 77(1) and 81 of the Civil Act, a promotion committee for housing redevelopment project is a non-corporate group with the purpose of establishing the association, and the rights and duties related to the duties performed by the promotion committee are comprehensively comprehensively transferred to an association established as a juristic person with the approval of establishment under Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (see, e.g., Supreme Court Decision 201Da231471, Apr. 12, 2012).

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