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(영문) 서울중앙지방법원 2017.11.30 2017나18636
대여금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion

A. On June 2006, the Defendant introduced the Plaintiff, a real estate development business entity, as the Plaintiff, as well as the Seoul Dongjak-gu Seoul Metropolitan Government and D, and one of the two hundred and thirty-five parcels (hereinafter “instant project site”) to be the chairman of the redevelopment promotion committee, and proposed that the buildings in the instant project site were worn out and received the redevelopment consent from the 130 landowners, and that the rest of the land owners should also be provided with all consents. This proposed that the redevelopment project should be promoted in the instant project site.

B. On August 10, 2006, the Plaintiff believed the above Defendant’s horses, and entered into a redevelopment project agreement with the Defendant on the instant project site, and paid KRW 30,000,000 in total for the entertainment expenses and authorization and permission expenses to promote the redevelopment project in the said project site.

In addition, the Defendant complained of economic difficulties and demanded a lending of money, and the Plaintiff lent KRW 24,00,000 to the Defendant five times from August 25, 2006 to December 1, 2006.

C. However, as a result of confirming the possibility of redevelopment project for the instant project site to the competent authority, the Plaintiff was notified that redevelopment project is impossible in the instant project site because the old age, which is the requirements for redevelopment project, has not been satisfied.

As a result, the Plaintiff entered into a redevelopment agreement with the Defendant on the instant land at the end of the Defendant that all the requirements for redevelopment project were met, and incurred a total of KRW 30,000,000 as the expenses for its implementation. Accordingly, the Plaintiff is seeking payment of KRW 10,00,000 as part of the damages compensation.

In addition, the defendant is obligated to pay to the plaintiff 24,00,000 won borrowed from the plaintiff and delay damages therefor.

2. Determination

A. The Defendant’s judgment on the claim for damages is the “Chairperson of the E Redevelopment Project Promotion Committee” and the Plaintiff around August 2006.

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