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(영문) 서울중앙지방법원 2018.10.17 2016가합513628
대여금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff)’s redevelopment and rearrangement project association is KRW 9,312,594,965 and its importance.

Reasons

1. Basic facts

A. The party’s relationship 1) Establishment Promotion Committee for B-Housing Redevelopment Improvement Project (hereinafter “instant Promotion Committee”).

A) The Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project (hereinafter “instant Redevelopment Project”) whose project implementation district covers the whole area of Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant redevelopment Project”).

The promotion committee of this case was established on January 12, 2006 with the authorization from the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “Defendant Association”) on May 16, 2012.

The defendants except the defendant partnership are the chairperson, auditors or promoters of the promotion committee of this case, or their successors.

B. On Aug. 19, 2006, the instant promotion committee decided to select the Plaintiff as the developer of the instant redevelopment project by holding a residents’ general meeting. On Aug. 24, 2006, the instant promotion committee drafted a provisional contract in a quantity of one set of multiple contracts, which generally stipulates the content of the project, contract amount, etc., and subsequently, on Oct. 26, 2006, the Plaintiff and the instant redevelopment project-related funds loans and new construction works (hereinafter “instant provisional contract”).

Defendant C, D, E, F, G, H, I, J, K, L, M, N,O, P (hereinafter “Defendant Promotion Commissioner”).

(2) Article 1(1)(1) of the instant provisional contract provides that “The Plaintiff shall sign and seal the instant provisional contract to the Plaintiff as a joint guarantor for the obligations of the instant promotion committee.” The main contents of the instant provisional contract are as follows. ② The Plaintiff shall lend the expenses incurred in implementing the instant provisional contract to the instant promotion committee and carry out the construction of the final construction facilities approved by the head of the competent Gu. Article 7(2) of the instant provisional contract (where it is impossible or significantly difficult to implement the project under the terms of this contract due to the change of the relevant laws and regulations of the contract, the change of governmental policy matters, price fluctuations,

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