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(영문) 부산고등법원 2018.03.15 2017나51467
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. 1) The Urban Environment Improvement Project Association Establishment Promotion Committee (hereinafter referred to as the “Promotion Committee”) in Zone 1-1 of the former B B

(1) The project implementer in Busan-dong, Busan-dong, 171, 250-52 square meters and approximately 44,002 square meters as a project implementation district, shall be an urban environment rearrangement project (hereinafter “instant project”).

The purpose of preparing is a non-corporate body approved by the head of Busan Jin-si pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on December 7, 2004. The defendant is an association established on July 16, 2013 with the authorization of establishment on July 5, 2013. 2) The plaintiff is a corporation established for the purpose of civil engineering and construction, etc., which was selected as a contractor at the general meeting of residents of the promotion committee as follows:

B. On September 8, 2005, the Plaintiff submitted the instant proposal for project participation to the Promotion Committee. The said proposal included the following: “The Plaintiff’s 11-party expenses, including new construction plan and construction cost, are lent to the Promotion Committee and the cooperatives to be established in the future, with interest-free interest, and otherwise, the promotion committee’s meeting as of September 12, 2005 for the selection of the construction project.” On September 26, 2005, the promotion committee adopted a resolution to select the Plaintiff as the construction project operator of the instant project based on the Plaintiff’s proposal for project participation (hereinafter “resolution to select the construction project of the instant case”).

C. The Plaintiff loaned KRW 1,106,00,000 interest-free loans to the Promotion Committee on October 7, 2005 and KRW 786,757,535,00 in total, interest-free loans from October 10 to October 26, 2009, following the resolution of the selection of the construction project in the instant case (hereinafter “instant loan”). The Plaintiff extended KRW 786,757,535 in total, interest-free loans from October 10, 2005 to October 26, 2009 (hereinafter “the instant loan”).

(i) [interest-free loans].

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