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(영문) 대전지방법원 2017.07.06 2016가단34028
대여금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The defendant as the defendant association is the housing reconstruction and improvement project association which obtained the authorization of establishment on July 3, 2008 in order to implement housing reconstruction projects under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") on the ground of the total area of 38,811 square meters of 87.

Plaintiff’s assertion

A. From October 2013, the Plaintiff disbursed a total of KRW 12,432,800 as telephone charges, public charges, executive and employee wages, etc. to handle the affairs of the Defendant Union. At the time of the Plaintiff and the Defendant Union, D agreed to lend the said KRW 12,432,80 to the Defendant.

B. In addition, the Plaintiff has a duty to pay the Plaintiff a total of KRW 15,000,000 (= KRW 5,000,000 per month x 3 months) in return for performing various duties between April 2014 and July 2014.

C. Therefore, the Defendant Union sought payment of KRW 27,432,800 (=12,432,800 won) and damages for delay.

Judgment

A. The Plaintiff spent a total of KRW 12,432,800, as alleged by the Plaintiff, in order to manage the business of the Defendant Union.

As to whether the Plaintiff performed the work of the Defendant Union between April 2014 and July 2014, it is difficult to believe that the entries in the Evidence Nos. 2 (Peremptory Notice) and the Evidence Nos. 3 (Fact-finding Certificate) as well as witness D’s testimony, and there is no other evidence to acknowledge it.

B. Meanwhile, even if the Plaintiff decided to lend KRW 12,432,80 to the Defendant, as alleged by the Plaintiff, as the representative D at the time of the Defendant Union, the above agreement of the Plaintiff’s assertion is null and void for the following reasons. Thus, this part of the Plaintiff’s assertion is without merit.

In other words, Article 24 (3) 5 of the Urban Improvement Act provides that "a contract that becomes a partner, other than the matters stipulated in the budget, shall be subject to a resolution of a general meeting."

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