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(영문) 서울중앙지방법원 2017.11.23 2015가합566939
대여금 등
Text

1. Defendant B Housing Reconstruction and Rearrangement Project Association: (a) KRW 1,303,072,00 for the Plaintiff and its related amount from November 3, 2015 to November 3, 2017.

Reasons

1. Basic facts

A. Defendant B Housing Reconstruction Project Association (hereinafter “Defendant Association”) is a reconstruction project association established on July 21, 2003 in order to implement a reconstruction project of the F apartment complex in Changwon-si (hereinafter “instant project”). Defendant C is the president of the Defendant Association; Defendant D is the auditor of the Defendant Association; and Defendant E is the director of the Defendant Association.

B. On September 28, 2006, the Defendant Cooperative concluded an agency service contract (hereinafter “instant service contract”) with the Sims City Development Co., Ltd. (hereinafter “Sims City Development”) to delegate major tasks of the instant project to the Sims City Development. On November 17, 2006, the Defendant Cooperative concluded a loan contract with the Defendant Cooperative to lend KRW 10,000,000 each month to the Sims City Development and the Defendant Cooperative for the purpose of lending KRW 10,000,000 for operating expenses of the cooperative.

C. On May 4, 2009, the Plaintiff entered into an agreement on the assignment of claims for service charges and claims for the return of loans with the development of the private city from the development of the private city in accordance with the instant service agreement. On May 21, 2009, the development of the private city notified the Defendant Association of the fact of the said assignment of claims and the notification reached the Defendant association around that time.

On the other hand, on November 30, 2013, the Plaintiff prepared and rendered to the Defendant Union a letter stating, “I will present this letter (hereinafter “each letter of this case”) that “I will not bring any lawsuit against all loans lent to the Defendant Union and all claims against the Defendant Union transferred from the development of the Sins City.”

E. Since April 14, 2014, the Defendant Union notified that the instant service contract will be terminated on the ground that it did not perform its obligations under the instant service contract to the development of the Sim City, and that it did not perform its obligations under the instant service contract, and on the same day.

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