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(영문) 서울남부지방법원 2020.09.22 2019가합109859
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation established on February 29, 2016 for the purpose of real estate consulting.

Defendant B, a corporation established on May 18, 2017, for the purpose of providing real estate consulting, was the representative director of the Defendant Company established on May 18, 201 and was the Plaintiff’s representative director as D from October 31, 2016 to December 8, 2017.

B. On March 6, 2016, the Plaintiff, Defendant B, and E entered into an agreement for the PM business of financing rearrangement projects (hereinafter “instant agreement”) with the following content.

(A) The Plaintiff’s representative director D (hereinafter “A”) and Defendant B (hereinafter “B”) and E (hereinafter “A”) agree that the Plaintiff’s representative director D’s seal is affixed at the time of the agreement, and that the Plaintiff’s representative director D’s resident registration number is indicated. The Plaintiff’s representative director D and the Defendant B (hereinafter “B”) share their roles and duties for the purpose of raising the rearrangement project fund and carry out them in good faith.

Article 1 (Purpose) The purpose of this Agreement is to obtain funds for rearrangement projects and to collect fees therefor as soon as possible after obtaining orders from the relevant rearrangement project operator (hereinafter referred to as the "cooperative") for the procurement of funds for rearrangement projects implemented under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

Article 2 (Business Affairs) (1) A shall take exclusive charge of the following business affairs for house guarantee and financing of rearrangement project funds from financial institutions:

1. Affairs related to the issuance of guarantee certificates (hereinafter referred to as "guarantee certificates") for the maintenance project funds of the Housing and Urban Guarantee Corporation (Relocation expenses, charges, and project expenses);

2. A loan execution business from a financial institution as security to the relevant association.

1. Receipt of contracts for the services provided by the Cooperative for the improvement project capital and conclusion of contracts therefor;

2. Acquisition and provision of data of the association for raising funds for rearrangement projects;

3. The board of representatives of the association for raising funds for the rearrangement project.

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