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(영문) 서울중앙지방법원 2019.05.22 2018가단5011896
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 2016, the Plaintiff proposed a housing reconstruction improvement project (hereinafter “instant improvement project”) to the residents of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City residents”).

Accordingly, the B Housing Rebuilding Improvement Project Promotion Committee (hereinafter referred to as the "Promotion Committee") comprised of them has obtained approval from the head of Gwangjin-gu on April 26, 2017.

B. On June 10, 2017, by promoting the establishment of an association, a promotion committee held an inaugural general meeting of a B Housing Reconstruction Project Association to enact its articles of association and to select the Plaintiff as a specialized management contractor. The head of Gwangjin-gu approved the establishment of the Defendant on September 19, 2017.

C. On March 20, 2018, the Seoul Special Metropolitan City Mayor issued a disposition of suspension of business for one year (from July 24, 2017 to July 23, 2018) on the ground that the Plaintiff violated the Urban Improvement Act.

On January 13, 2018, the defendant held an ordinary general meeting on January 13, 2018, and passed a resolution to cancel the contract for the management businessman.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 2 and 3, and the purport of the whole pleadings

2. Determination as to the loan claim (the principal cause of claim);

A. The gist of the Plaintiff’s assertion was that the chairperson of the Promotion Committee loaned KRW 94,934,710 in total as expenses incurred in implementing the instant improvement project from November 30, 2016 to December 11, 2017 at the request of the chairperson of the Promotion Committee, who is the head of the Defendant’s partnership.

In addition, at the residents' general meeting held on January 7, 2017, the "case of the compilation of the project cost and the operating budget of the promotion committee" has been resolved, and the defendant has passed at the inaugural general meeting held on June 10, 2017, the "case of the compilation of the operating budget of the association" was resolved. Accordingly, the defendant accepted the above loan obligations.

Therefore, the defendant is obligated to return the above loan to the plaintiff.

B. The contents of evidence Nos. 5 and 6 and the purport of the whole pleadings are as follows.

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