Text
The plaintiff's appeal and the claim for the takeover amount added as preliminary in this court are all dismissed.
An appeal.
Reasons
1. The committee for the promotion of the establishment of an urban environment rearrangement project association in a zone A as a party to the basic facts (hereinafter “instant promotion committee”) consists of the establishment of an association to implement an urban environment rearrangement project in a zone A (hereinafter “instant improvement project”) in a zone of 62,00 square meters, Jung-gu, Daejeon, Daejeon, with the aim of establishing an association to implement an urban environment rearrangement project in a zone A (hereinafter “instant improvement project”). On April 23,
The plaintiff is a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and comprehensively succeeded to the rights and duties of the promotion committee of this case, and the defendant is a corporation engaged in urban improvement and
On October 2, 2010, the instant promotion committee, which entered into a service contract and a loan for consumption, passed a resolution on the selection of the Defendant as a rearrangement project management contractor regarding the instant rearrangement project. On November 2, 2010, the Defendant entered into a service contract with the Defendant to provide services, such as establishing an association (hereinafter “instant service contract”). On August 16, 2010 to July 19, 2013, the Defendant lent an aggregate of KRW 200 million to the instant promotion committee over 26 occasions during the period from August 16, 2010 to July 19, 2013, the date of entering into the instant service contract.
(hereinafter “instant loan”). On December 17, 2013, the Defendant notified the instant promotion committee that the instant service contract was terminated as of December 31, 2013 on the ground that the executives used KRW 50 million out of the instant loan differently from the agreement with the Defendant constituted grounds for termination of the instant service contract, and the Defendant demanded the return of the instant loan by December 31, 2013.
Around 2014, the Defendant filed a lawsuit claiming the return of the instant loan with the Daejeon District Court 2014Gahap5320 against the instant promotion committee.
On January 22, 2015, the above court held that the Promotion Committee of this case used the loans of this case to cover the expenses for collecting written consent.