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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Defendant is an association established by the landowners in Yeonsu-gu Incheon Metropolitan City H Day B for an urban development project (hereinafter “instant development project”), and is an implementer under the Urban Development Act.
(B) On April 203, 2003, the parties asserting the development project of this case by separating the detached housing and the apartment housing area, constituted the “B District Urban Development Association Promotion Committee” and concluded the “B District Urban Development Project Agreement between D and D Co., Ltd.,” which is the execution agent of D Co., Ltd., but after receiving the opinion from Incheon Metropolitan City to consolidate and develop the detached housing and the apartment housing area, the Defendant Cooperative was established on January 2005. C Co., Ltd (hereinafter “C”) serves as an agent to raise funds necessary for the development project of this case to the Defendant.
C entered into a joint business contract with F and G Co., Ltd., and paid project costs, etc. to the Defendant with loans from A Co., Ltd.
(A) A Co., Ltd. has granted a loan of KRW 18.15 billion to C, and the Plaintiff was appointed as a trustee in bankruptcy after having been declared bankrupt by the Incheon District Court on September 26, 2012, in order to avoid the lending limit under the Mutual Savings Bank Act. A Co., Ltd. has granted a loan of KRW 15.35 billion to G Co., Ltd. and KRW 16.691 billion to F Co., Ltd., but some of the said money was C.
B. Article 1 (General Provisions) of the execution agency contract of the instant development project is concluded by the Defendant by agreement and agreement as follows in order to facilitate the execution of the instant development project.
Article 2(C's Roles) C shall act on behalf of the defendant for the development project of this case:
(1) Article 3 (Scale of Funds Required for the Development Project of this case)
1. The defendant is required for the development project of this case.