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1. The Defendant’s KRW 16,371,145 for the Plaintiff and KRW 5% per annum from March 7, 2019 to December 6, 2019 for the Plaintiff.
Reasons
1. Facts of recognition;
A. The defendant association obtained the authorization for establishment of the reconstruction maintenance project association from the head of Gangseo-gu Seoul Metropolitan Government on September 9, 2009 as the reconstruction maintenance project association established by making the site of the Gangseo-gu Seoul Metropolitan Government ground B-type housing as the project implementation district.
B. From March 9, 2007, the Plaintiff was working as the chairperson of the Defendant Partnership Establishment Promotion Committee (hereinafter “Defendant Partnership Promotion Committee”), and thereafter, was registered as the auditor of the Defendant Partnership, and was dismissed at the general meeting of the members on February 4, 2016.
C. When the Defendant Cooperative Promotion Committee needs safety inspection expenses for the B-affiliated housing to implement the reconstruction project, the Defendant Cooperative Promotion Committee, the Plaintiff, and D decided to borrow safety inspection expenses from E with the debtor, and the Defendant Cooperative Promotion Committee, the Plaintiff, and D entered into a loan agreement with E on August 29, 2008 with the following contents.
E paid KRW 35,216,00 to the Plaintiff on September 8, 2008.
(hereinafter referred to as “the instant loan”): The interest rate on September 8, 2008 from September 2008 to the time when the Corporation is selected: the interest rate: the interest rate shall be zero during the loan period; where the principal is paid in excess of the loan period, the interest rate of 18% per annum from the excessive date: the borrower: the Defendant Partnership Promotion Committee, the Plaintiff and D
D. The Defendant Cooperative’s promotion committee used KRW 2,216,00 among the above loans as the initial safety diagnosis cost, and KRW 33,000,000 as the precise safety diagnosis cost.
E. On July 15, 2016, the Defendant Union selected F Co., Ltd. as the contractor of the reconstruction construction at the second extraordinary meeting held on July 15, 2016.
F. On September 29, 2016, E filed a lawsuit against the Plaintiff and D seeking the payment of the instant loan as Seoul Southern District Court 2016Kadan247876.
On April 18, 2017, the above court held that “Plaintiff and D shall jointly pay to E 35,216,000 won with interest calculated at the rate of 18% per annum from July 16, 2016 to the date of full payment.”