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(영문) 인천지방법원부천지원 2017.12.01 2017가합100108
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a creditor who lent money to New Name A&D Co., Ltd. (the name prior to the alteration “T&D,” or “New Name A&D,” hereinafter referred to as “new A&D”). New Name A&D is a company running management business related to reconstruction and redevelopment. The Defendants are executives and promoters of the “BD Housing Redevelopment and Improvement Promotion Committee” for establishing the Housing Redevelopment and Improvement Project (hereinafter referred to as the “Promotion Committee”).

B. 1) On December 15, 2006, the instant promotion committee was approved to establish a promotion committee on December 15, 2006, and on October 15, 2007, the promotion committee of this case was authorized to conduct various administrative affairs necessary for the progress of the BD Housing Redevelopment Improvement Project on its behalf (hereinafter “instant contract”).

(2) Article 19(1) of the instant contract provides that a new name A&D shall lend its office lease deposit and operating expenses to the instant promotion committee at interest rate of KRW 6,00,00 each month, and accordingly, a new name A&D shall lend its office lease deposit and operating expenses to the instant promotion committee from October 2010 to the instant promotion committee under the name of lease deposit and operating expenses, etc. Article 19(1) of the instant contract provides that a new name A&D shall lend its office lease deposit and operating expenses to the instant promotion committee from the date of entering into the instant contract.

C. Termination of the instant contract and revocation of approval for the establishment of the instant promotion committee from Gyeonggi-do on October 28, 2010.

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