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(영문) 서울중앙지방법원 2018.11.15 2018가합502264
대여금
Text

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. The Defendant Cooperative is the Housing Development Project Association established to promote the Housing Redevelopment Improvement Project (hereinafter “instant Project”) implemented in the Bupyeong-gu Incheon Bupyeong-gu Q Group, and the Defendant C, D, E, F, G, H, I, J, J, and Non-Party L (R was dead on May 21, 2017 and succeeded to the said deceased on May 21, 201) is the head and executive officers of the Defendant Cooperative.

Article 4 (Method of Implementing Projects) A (Method of Implementing Projects; hereinafter the same shall apply) provides A (the defendant association; hereinafter the same shall apply) with the project site required for the main project of the Incheon Bupyeong-gu Q Day owned by Gap and its members, and pay the amount of the construction contract under Article 7, and Eul shall construct the construction facilities in accordance with the design documents approved by the head of the local government and the terms and conditions of this contract on the project site provided by Gap.

Article 16 (Lending, etc. of Project Promotion Expenses) ① At the time when the project promotion expenses actually required for the implementation of the project are required upon Party A’s written request, B shall be free of interest within the limit of 29 billion won in total for the following expenses:

Provided, That in the event that the total amount exceeds 29 billion won, additional loans shall be made in consultation with Gap and Eul.

1. Operating expenses of the association;

2. Design service cost (Intermediate omission);

7. Article 38 (Cancellation and Termination of Contracts) (1) Where a cause falling under any of the following subparagraphs has occurred and it is found that a Party A is unable to perform this contract, he/she may cancel or terminate all or part of this contract by giving written notice within a specified time limit of 60 days, if he/she fails to perform this contract within the said time limit, and where this contract is terminated or terminated in whole, he/she shall immediately suspend the relevant work and remove the organizations from the head of the Corporation:

2. Possibility of completing the construction work within the construction period due to the dishonor or responsibility of B.

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