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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 2005, the Plaintiff entered into an administrative service agency contract with the Defendant A Housing Reconstruction Improvement Project Establishment Promotion Committee (hereinafter “Defendant Committee”) regarding the housing reconstruction improvement project.
B. The Plaintiff agreed to lend operating expenses to the Defendant Committee, and the remainder of the Defendants except the Defendant Committee jointly and severally guaranteed this.
The Plaintiff, accordingly, lent a total of KRW 487,00,000 to the Defendant Committee by May 2013.
(hereinafter “instant loan”). C.
In relation to the repayment period of the instant loan, the Defendant Committee originally decided to repay the instant loan simultaneously with the loan from the City Corporation, and the special agreement was added to the effect that “the repayment is possible even before the repayment period is due,” around July 2013.
The Defendant Committee applied for a loan of KRW 350,00,000 on November 7, 2013 in accordance with the public notice of a loan support plan for rearrangement projects in accordance with the Seoul Special Metropolitan City.
[Reasons for Recognition] Each of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings
2. Determination:
A. The plaintiff asserts that the defendant committee received the above loan from Seoul Special Metropolitan City, and the repayment period of the loan of this case has arrived.
It is obvious that “the Defendant Committee borrowed funds from the City Corporation” as the maturity date for the instant loan has not yet arrived.
The issue of this case is whether the term "where external loans are possible even before the maturity date" stipulated by the special agreement of the maturity date has arrived.
B. In full view of the facts as seen earlier, the purpose and background of the instant loan, the period of repayment, the circumstances surrounding the special agreement, and the purport of the entire pleadings, the Defendant Committee did not have its own operating funds, and decided to borrow the operating funds in concluding the service contract with the Plaintiff as above, and the Defendant Committee’s reconstruction project was desired.