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(영문) 서울고등법원 2017.05.11 2016나2061946
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. A apartment remodeling association promotion committee (hereinafter referred to as a "promotion committee") is an organization organized to carry out a remodeling project to expand and remodel a A apartment in Bupyeong-gu, Incheon, and H (hereinafter referred to as the "project in this case"). The Plaintiff (the name of the company from the Coul Construction Corporation to the Coul Global Corporation) is a company selected as the commencement project in this case at its inaugural general meeting for the establishment of the Defendant association held by the promotion committee on September 4, 2008.

B. On September 208, a promotion committee (the committee is prior to obtaining authorization to establish the Defendant association; hereinafter the same shall apply) entered into a contract with the Plaintiff under the name of the Defendant association; the Plaintiff extended and supplied the instant project with respect to the Defendant association; the Plaintiff, such as office rent, etc.; and the Plaintiff, from October 1, 2008 to the dissolution of the association, agreed to lend the association operation expenses within the scope of 45 months; and Defendant B, C, D, and E (hereinafter the Defendant B, etc.) jointly and severally guaranteed liability for nonperformance of contractual obligations owed by the Defendant association to the Plaintiff pursuant to the instant contract.

(B) The Plaintiff and Defendant B, etc. agreed to lend KRW 133,00,000 business expenses to the Defendant Cooperative in the name of the Defendant Cooperative, and to repay all the principal and interest on the loan granted by the Plaintiff to the Defendant Cooperative by the following day prior to the expiration date of the occupancy designation period (hereinafter the instant monetary loan agreement, and the written agreement on the loan for consumption of money in this case) with respect to the loan for business expenses, partnership operation expenses, etc. (hereinafter collectively referred to as “business expenses”).

(c).

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