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(영문) 인천지방법원 2019.02.12 2018나2059
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 30,000,000 and its interest on April 13, 2016.

Reasons

1. Basic facts

A. The Defendant is the chairperson of the Nam-gu Incheon Metropolitan City Committee for Promotion of Establishment of the Establishment of the D Market Improvement Project (hereinafter “Promotion Committee”).

B. On July 3, 2015, a promotion committee: (a) drafted a joint understanding note of the joint projects with respect to D market improvement projects (hereinafter “instant understanding note”) containing the following contents, between the Committee and C (hereinafter “C”).

Article 3 (Method of Operating Projects) The Promotion Committee establishes new buildings, and C shall provide the Promotion Committee with the optimal position by completing the responsibility for the buildings with sufficient technology and capital.

Article 5 (Rights and Obligations ofC)

2. C shall subsidize operating expenses of the promotion committee in consultation with the project operator specializing in urban improvement;

(3.C is authorized after consultation with the committee of promoters to select all companies, such as urban maintenance business operators, design, removal, construction, sale in lots, and registration, to implement the project rapidly, and is responsible for and completed by providing all necessary funds, such as expenses for promotion (design and approval), relocation expenses (1.5 billion won), construction expenses (1.5 billion won), etc.

4.C shall fulfill its duty to comply with relevant laws and regulations and shall carry out the following work:

-business affairs for formulating development project plans - business affairs for authorization and permission related to development projects - business affairs for selecting project contractors and attracting financial institutions - business affairs for replacing partnership operation expenses and partnership liabilities - business affairs related to development projects, legal affairs (registration), accounting affairs;

C. Around July 9, 2015, C and the Defendant drafted a loan certificate (hereinafter “the instant loan certificate”) stating that C shall pay 30,000,000 won to the Defendant on August 30, 2015 (before the fourth general assembly approval of the Promotion Committee), and that interest shall be given at a rate of 5% per annum after the due date for repayment (hereinafter “the instant loan certificate”).

On July 8, 2015, the defendant is a parcel outside of 7, Nam-gu, Incheon.

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