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(영문) 대구지방법원 2020.01.10 2019가합205934
대여금
Text

1. Defendant B Housing Reconstruction and Rearrangement Project Association: KRW 300,000,000 for the Plaintiff and its related matters from June 18, 2019 to January 20, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of housing construction project, etc., and Defendant B-Housing Reconstruction Project Association (hereinafter “Defendant Association”) is a partnership established for the implementation of housing reconstruction project (hereinafter “instant reconstruction project”) in the Daegu Seo-gu R R, and Defendant C is the president of the Defendant Union, Defendant F, G, H, and I are the directors of the Defendant Union, Defendant D, and S are the auditors of the Defendant Union.

Defendant C, F, G, H, I, D, and S are “Defendant C, executive officers, etc.”

B. On July 22, 2016, S died and jointly succeeded to S by Defendant J and his/her spouse and Defendant K, L, M, N,O, P, and Q.

The heir of S hereinafter referred to as "Defendant J et al."

C. On August 5, 2014, the Plaintiff and the Defendant Union entered into a contract for the instant reconstruction project for the instant reconstruction project (hereinafter “instant construction contract”).

In order to guarantee the implementation of this contract under Article 10 (Contract Guarantee, etc.), the term "A" (hereinafter the same shall apply) shall have officers as joint and several sureties, and the term "B" shall submit a construction guarantee to "A" in accordance with Article 51 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents until the commencement of the contract. Article 15 (Article 15 (Article 15 (Article 15 (Article 1) 1 through 18 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) and the financial institution designated by "A" after consultation with "A" and "B" shall be free of interest up to one billion won out of the project costs required from the selection of the construction to the general sale of the land:

In principle, "A" shall be directly procured from financial institutions in the name of "A", but the interest shall be "B" for the purpose of "A".

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