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(영문) 부산지방법원동부지원 2017.10.20 2016가합104974
대여금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 1,181,101,38 and as a result, from December 30, 2016 to October 20, 2017.

Reasons

1. Facts of recognition;

A. Y Housing Redevelopment Improvement Project Promotion Committee (the name was changed to the “B Housing Redevelopment Improvement Project Promotion Committee” after the date of change of the name; hereinafter “the Promotion Committee of this case”) is a non-corporate association established to implement housing redevelopment improvement projects on the whole area of the Nam-gu Busan Metropolitan area (hereinafter “instant project”).

On January 22, 2008, Defendant B Housing Redevelopment and Improvement Project Association (hereinafter “Defendant B Housing Redevelopment and Improvement Project Association”) obtained authorization for establishment from the head of Busan Southern District Office on January 29, 2008 and comprehensively succeeded to the rights and obligations of the Promotion Committee of this case pursuant to Article 15(4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. On July 14, 2006, the instant promotion committee decided to select the Plaintiff as the instant business executor at the residents’ general meeting, and on August 10, 2006, entered into a construction project provisional contract (hereinafter “instant construction project provisional contract”) with the Plaintiff, which includes the content related to a monetary loan for consumption, and the part relating to a monetary loan for consumption among the instant construction project provisional contract is referred to as “money consumption contract.”

Defendant C, D, E, F, G, H, I, J, K, L, M, M, P, Q, R, M, T, T, U,V, W, and X (hereinafter “Bs Defendants”) under Article 10 of the instant construction contract contract for the instant construction project contract with the Plaintiff was jointly and severally guaranteed (hereinafter “instant joint and several guarantee contract”).

C. The main contents of the instant construction contract are as follows.

Y Housing redevelopment project promotion committee (hereinafter referred to as "A") and the plaintiff (hereinafter referred to as "B"), a joint implementer of the project under the provisional contract for housing redevelopment project, shall promote the housing redevelopment project.

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