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(영문) 서울고등법원 2016.02.16 2015나5707
손해배상
Text

1. Of the judgment of the first instance court, Defendant E and Defendant M in each of the costs of KRW 56,700,000 on March 25, 201, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. A. A research and development project partnership (hereinafter “instant partnership”) is a reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to implement a reconstruction project on the “Blue Housing” on the land outside W and six parcels of Gangseo-gu Seoul Metropolitan Government (hereinafter “instant project”), and the Athroman Comprehensive Construction Co., Ltd. (hereinafter “Athroman Comprehensive Construction”) is a contractor of the instant project. Defendant E and Defendant M are the union members of the instant association, Defendant D’s husband, and Defendant M’s mother.

B. On May 8, 2008, the Gangseo-gu Seoul Metropolitan Government U Apartment Complex Construction (hereinafter “instant apartment”) was newly constructed on May 8, 2008, the number of houses was allocated to its members by lot. Defendant E was allocated to the instant apartment Nos. 203, and Defendant M was allocated to the instant apartment Nos. 604.

C. Defendant E and Defendant M received an intermediate payment loan from the Plaintiff, but it was difficult for each husband to obtain a loan due to the lack of credit. As such, Defendant D and Defendant D, the husband, obtained a loan from the Plaintiff, and Defendant D, with respect to the instant apartment 203, as to the instant apartment 604, L entered into a housing payment loan agreement with the Plaintiff on May 30, 2008 and received a loan of KRW 81,000,000 from each Plaintiff on May 30, 2008.

(2) The Korea Finance Corporation (hereinafter referred to as the “Korea Finance Corporation”) provided that each of the above loans contract and loans is “the instant loan contract” and “the instant loan,” and the said loan contract and loan together are “each of the instant loans.” The Korea Finance Corporation provided joint and several sureties with respect to each of the instant loans contract against the Plaintiff.

Article 6 Additional Security ① Facilities and buildings (including facilities and buildings built on the leased land) constructed or purchased by a principal with a loan from a bank shall be completed even after the completion of construction.

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