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(영문) 서울고등법원 2016.11.10 2016나2010184
대여금
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. Basic facts

A. On March 8, 2005, the Plaintiff entered into a business agreement with Defendant A Housing Reconstruction Project Association Establishment Promotion Committee (hereinafter referred to as “Defendant A Housing Reconstruction Project Promotion Committee”) to the administrative service company related to A Housing Reconstruction Project (hereinafter referred to as “instant reconstruction project”), which is first selected by the Plaintiff, and the Defendant Promotion Committee may request the Plaintiff to grant a loan even before approval of the operating rules, and at the time of entering into the said business agreement, the Defendant Promotion Committee used the name “(tentative) I Reconstruction Project Promotion Committee.”

② On January 22, 2009, an administrative service agency contract was concluded.

3,000,000,000,000,000,000,000,000,000 won for the purchase of house fixtures in the name of the plaintiff under a lump-sum rental contract for the payment of 30,000,000,000 won for the expenses for the promotion committee for the return of house fixtures in the name of the plaintiff, the monthly payment of 25,000

B. On March 2005, the Plaintiff concluded a monetary loan agreement with the Defendants and the Defendant promotion committee as the principal debtor, the promotion chairperson, the auditor, or the promotion committee members, with the remaining Defendants as joint and several sureties, and lent the operating funds to the Defendant as follows until the time when the construction is selected as a joint and several sureties. The Defendant borrowed the said loans from the construction company after the establishment is authorized

hereinafter referred to as "the first loan for consumption" is "the first loan for consumption".

The first loan contract for consumption of money provides that ① Defendant’s promotion committee fails to implement the reconstruction rearrangement project by giving up it or notify the Plaintiff thereof; ② Defendant’s promotion committee unilaterally terminates the contract for the rearrangement project management business, which Defendant’s promotion committee concluded with the Plaintiff, the contract shall lose the benefit of time.

C. The Plaintiff is the Defendant from January 22, 2009 promotion committee and from January 25, 2009 to January 25, 2009, after authorization for the establishment of a foundation.

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