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(영문) 춘천지방법원원주지원 2019.04.18 2017가단34737
대여금
Text

1. The Defendant’s KRW 54,00,000 as well as 5% per annum from March 28, 2018 to April 18, 2019 to the Plaintiff.

Reasons

1. Facts of recognition as the basis;

A. The defendant is a housing redevelopment and consolidation project association that has been established under the business area of the main city E as the business area.

B. On May 31, 2008, the Defendant selected A Co., Ltd. (hereinafter “A”) as a contractor for a housing redevelopment improvement project (hereinafter “instant redevelopment project”) by the Defendant, and the same year.

9. A around 18.18. A and the construction contract (hereinafter “instant contract”). At the time, F and directors G, H and I, the president of the Defendant’s association, jointly and severally guaranteed the Defendant’s obligations under the instant contract to A.

C. The main parts related to the instant case are as follows, among the contracts entered into at the time of entering into the instant contract (hereinafter “instant contract”).

(A) A, B, - Article 4 (Method of Implementation of Project), 2. (Omission), .. (A) of A, and the relocation expenses for members of A and the promotion of projects of “A” may be borrowed from financial institutions or “B” by members of “A” and “A,” and in this case, the members of “A” and “A” shall pay the principal and interest on loans, such as the relocation expenses borrowed from “B” or financial institutions and the principal and interest of the project promotion expenses (hereinafter “principal and interest”), in accordance with Articles 40 and 41.

Article 5 (Standards, etc. for Construction) (3) Costs of the following subparagraphs shall not be included in construction costs and shall be borne by "A":

8.A loan under Article 15(1)(A) of the Loan Act: (i) Article 15(1) of the Loan Act provides that loans for interest-free and project promotion costs are as follows; (ii) “B” shall refer to interest-free loans in full that are not specified as a loan item for interest-free loans; and (iii) the interest-free loan interest rate for interest-free loans shall be subject to the standard loan interest rate of J bank.

If "A" desires, "A" may be borrowed directly from a financial institution in consultation with "B".

1. Article 18 (Lending of Operating Expenses of the Association) of the operating expenses of the Association shall be “B”.

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