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(영문) 수원지방법원 안양지원 2018.05.09 2016가단17062
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from November 18, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On December 30, 2015, some of the members of the C Redevelopment Partnership (hereinafter “C Redevelopment Partnership”) asserted that executives and employees including D were committing an illegal act, and the Emergency Countermeasure Committee (hereinafter “Non-Subrogation”) was organized. The Defendant was the chairman of the instant Non-Subrogation.

B. On May 27, 2016, members of the instant non-Subrogation, including the Defendant, drafted a written pledge of confidentiality with the following contents.

A confidentiality pledge

1. The above members of C Housing Redevelopment and Rearrangement Project Association (hereinafter referred to as the “Association”) shall not disclose or divulge to a third party any of the following reasons, such as occupational secrets obtained in the course of preparing a new executive organ and a general meeting for dismissal of executive officers of the Union as a member of C Housing Redevelopment and Rearrangement Project Association (hereinafter referred to as “Union”) and any of the following reasons, such as willful negligence or intentional negligence, and shall be liable for civil or criminal liability when they violated this Code.

2. Where a person violates this vow, he/she shall refer it to the Emergency Countermeasure Committee, and where such violation is obvious as a result thereof, no request shall be made to the Emergency Countermeasure Committee.

3. The donation from January 1, 2015 to the Emergency Countermeasure Committee shall be returned, if the violation is insignificant as a result of the referral to the Emergency Countermeasure Committee.

Provided, That the donations shall be refunded upon resolution by the general meeting of the association.

C. The Defendant, as a result of the attack by the opposing members, who were not the owners of housing, etc. within the E-district redevelopment improvement project zone and were not the members of the C&A, intended to purchase apartment houses within the said project zone.

On July 12, 2016, the Defendant entered into a sales contract with F to purchase H apartment I (hereinafter “instant apartment”) for KRW 230,00,00 during the period of Ansan-si, which is located within the said business area, for the purchase of the said apartment I (hereinafter “instant apartment”).

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