logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.10.11 2019가단5070830
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The party status AZ reconstruction housing association (hereinafter “instant association”) has completed the registration of incorporation on July 31, 2003 with the authorization to establish the association on August 19, 2007 in order to promote the reconstruction project (hereinafter “instant project”) on the land outside the BA of Guro-gu Seoul Metropolitan Government and five lots, and the Plaintiff B is the father of the instant association, the Plaintiff, and the Defendants’ heir of the association members or partnership members of the instant association.

B. Plaintiff A’s claim 1) A purchased the instant land of Guro-gu Seoul Metropolitan Government BB and BC for the instant project in around 1997, and as the purchase fund is insufficient, Plaintiff A requested Plaintiff A, etc. to borrow money with a loan from financial institutions. On October 4, 1997, Plaintiff A borrowed 4,4350,000 won at a annual interest rate of 13.75% from BD bank and lent 4,50,000 won to the instant association, excluding the loan fee. 2) The instant association concluded a construction contract on the instant project with the BE Co., Ltd. (hereinafter “BE”) around May 202, and the Plaintiff A jointly and severally guaranteed the obligation of the instant association under the construction contract.

After that, in around 2006, the judgment of winning part of the lawsuit filed by BE against the instant association (Seoul Central District Court 2006Kahap31219, Seoul High Court 2007Na118059) that recognized BE's claim for the amount of 224,040,483 won and interest or damages for delay on the instant association, and the BE seized the real estate of the Plaintiff, a joint guarantor, based on the above claim, and the Plaintiff A paid KRW 109,876,171 as a joint and several liability obligation to BE on October 26, 2012.

C. Plaintiff B’s claim 1) The instant association is associated with BF housing association, a regional housing association, and BG (hereinafter “BG”) around 1997, while promoting the instant project.

section 1.

The BFFF Association has requested the recruitment advertisement of its members, and the BF Union Housing Association.

arrow