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(영문) 인천지방법원 2015.12.10 2014가합59053
대여금 등
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 1,879,488,262 and as a result, from September 9, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. Defendant B’s status as the parties, and the Urban Environment Improvement Project Promotion Committee (hereinafter “Defendant Promotion Committee”) is an organization approved by the head of the Nam-gu Incheon Metropolitan City Mayor around August 7, 2007 to promote an urban environment improvement project (hereinafter “instant improvement project”) by the Nam-gu Incheon Metropolitan City under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The remaining Defendants are the chairperson of the Defendant Promotion Committee, vice-chairperson, audit or promotion committee, etc. (hereinafter “Defendant executives”), and the Plaintiff is a company engaging in urban improvement project specialized management business, etc.

B. Around May 23, 2007, the Plaintiff and Defendant Promotion Committee entered into an agreement on the implementation of the project and the cash loan contract between the Defendant Promotion Committee and the Defendant Promotion Committee to perform administrative work so that the Plaintiff can obtain approval from the Defendant Promotion Committee pursuant to the Urban Improvement Act. The Defendant Promotion Committee, after obtaining the said approval, agreed to grant the Plaintiff an opportunity to participate in the bid of the specialized management company, and concluded an agreement on the implementation of the project with the content that sets the period of the above agreement up until the Defendant Promotion Committee selects the specialized management company. In addition, the Plaintiff and Defendant Promotion Committee agreed to lend the business expenses necessary for the promotion of the instant rearrangement project to the Defendant Promotion Committee in accordance with the above project implementation promotion agreement on the same day.

C. The Plaintiff entered into a business service contract and a monetary loan contract between the Plaintiff and the Defendant Promotion Committee (hereinafter referred to as “business service contract between the Defendant Promotion Committee and the Defendant Promotion Committee”), as the residents’ general meeting held around September 20, 2007 after obtaining approval from the head of the Nam-gu Incheon Metropolitan City, which was held on September 20, 2007, selects the Plaintiff as a specialized management company of the rearrangement project, the Plaintiff passed a business service contract between the Defendant Promotion Committee

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