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(영문) 대구지방법원김천지원 2020.08.14 2019가합16133
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an association established to promote a housing reconstruction improvement project on an apartment of 1,260 households out of 3 lots outside the Gu-Si, the Gu-Si, the Seoul Special Metropolitan City Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Enforcement Decree of the same Act, and the articles of incorporation.

B. On December 9, 2013, the Defendant participated in the public announcement of the selection of the contractor for the instant improvement project and presented the terms and conditions of business participation to “a loan within the limit of 28 billion won for the basic relocation expenses, which are non-interest project cost,” and at the Plaintiff’s general meeting held on December 25, 2013, the Plaintiff was selected as a contractor for the instant improvement project at the general meeting of the Plaintiff’s partners.

C. On December 19, 2015, the Plaintiff held a general meeting of partners and approved the conclusion of a contract for construction works with the Defendant. Around February 2016, the Plaintiff concluded a contract for construction works with the Defendant regarding the instant improvement project (hereinafter “instant contract”).

Article 4 (Methods of Implementation of Projects) (1) The Plaintiff provides the Defendant with a project site necessary for the instant rearrangement project in the old-si, Seoul Special Metropolitan City, one of which is owned by the Plaintiff and the Plaintiff’s members, pays the contract amount for construction works under Article 7, and redeems the principal and interest of the loans borrowed from

(b) The Plaintiff’s moving expenses and the Plaintiff’s business promotion expenses shall, in principle, be raised by the Plaintiff or the Plaintiff’s member directly through financial institutions by making the Plaintiff or the Plaintiff’s member a borrower.

Provided, That loans may be borrowed from the defendant.

Financial institutions shall be selected through consultation between the plaintiff and the defendant.

At this time, the plaintiff and the plaintiff's union members shall reimburse the principal, interest, overdue interest, relocation expenses, interest and overdue interest of the business cost borrowed from the financial institution or the defendant pursuant to the provisions of Articles 14 through 19 and 39 through 43.

Article 5 (Financial Resources and Construction Scope of Business) (1) The plaintiff shall have the business site under Article 4 (1).

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